HONOLULU — A Circuit Court judge has thrown out a $1 million suit against the state Department of Education filed by a contractor who claimed the department engaged in breach of contract by terminating contracts it held for installing fire alarm systems at eight local public schools.

What You Need To Know

  • Between May 2012 and November 2013, the DOE entered into contracts with Ohana Control Systems, Inc. to upgrade or install fire alarm systems at eight Hawaii public schools

  • The DOE terminated six of the contracts between 2015 and 2016 for failure to complete work on time and other grounds. A seventh contract was terminated for convenience in 2015

  • OCS filed suit against then-interim superintendent Keith Hayashi and the DOE for breaching all eight contracts and other claims

  • Circuit Court Judge Kevin Morikone ruled that OCS’s suit was filed after the two-year statute of limitations for such action had expired and that the OCS lacked standing to file the suit

“We are very satisfied with the court’s decision,” said Deputy Attorney General Anne Horiuchi. “The Department of the Attorney General will vigorously defend against meritless and untimely claims brought against the state.”

Between May 2012 and November 2013, the DOE entered into contracts with Ohana Control Systems, Inc. to upgrade or install fire alarm systems at Benjamin Parker Elementary School, Dole Middle School, Mililani Middle School, Puuhale Elementary School, Waiau Elementary School, Waihee Elementary School, Momilani Elementary School and Mokulele Elementary School.

The DOE terminated six of the contracts between 2015 and 2016 for failure to complete work on time and other grounds. A seventh contract was terminated for convenience in 2015.

The final contract, for Momilani Elementary, was completed on May 20, 2015.

On January 5, 2022, OCS filed suit against then-interim superintendent Keith Hayashi and the DOE for breaching all eight contracts and other claims.

Last month, Circuit Court Judge Kevin Morikone ruled that OCS’s suit was filed after the two-year statute of limitations for such action had expired and that the OCS lacked standing to file the suit. Morikone granted the state a summary judgment and a final judgment in favor of the DOE was entered on Monday.

The DOE was represented by the team of Deputy Attorneys General Horiuchi, Kevin Richardson, Ronald Rodriguez and Bradford Chun, and Supervising Deputy Attorney General Carter Siu.

Michael Tsai covers local and state politics for Spectrum News Hawaii. He can be reached at michael.tsai@charter.com.