Overview
D.R. Horton operates in Hawaii with communities on Oahu and other islands. The company's Hawaii operations have been the subject of a construction defect class action involving allegedly defective foundation components.
Hawaii's consumer protection framework and the pending class action involving D.R. Horton homes create important context for buyers considering a D.R. Horton purchase in the state.
How Hawaii Law Affects Your Contract
The following analysis examines how D.R. Horton's documented contract patterns interact with Hawaii consumer protection law.
Nagano v. D.R. Horton Class Action
The Nagano v. D.R. Horton class action (Hawaii First Circuit Court, 2021, class certified January 2024) involves allegations of defective galvanized metal foundation components in D.R. Horton homes in Hawaii. Trial is set for July 2026. This case directly concerns the construction quality of D.R. Horton homes in the state.
Hawaii UDAP Statute
Hawaii's Unfair or Deceptive Acts or Practices statute (HRS § 480-2) provides broad consumer protections with the potential for treble damages. This statute may provide significant remedies for Hawaii D.R. Horton buyers who allege they were misled during the sales process or who experience construction defects.
Implied Warranty of Habitability
Hawaii courts recognize an implied warranty of habitability for new construction. D.R. Horton's habitability waiver clause (HAB-001) may face enforceability challenges in Hawaii.
Island-Specific Construction Challenges
Hawaii's unique environmental conditions — volcanic soil, salt air, high humidity, and termite pressure — create construction challenges that affect material selection, foundation design, and long-term durability. D.R. Horton's material substitution clause (MAT-001) should be evaluated in the context of these Hawaii-specific requirements.
Hawaii Legal History
Selected cases and investigations involving D.R. Horton in Hawaii.
Nagano v. D.R. Horton
A class action involving allegations of defective galvanized metal foundation components in D.R. Horton homes in Hawaii. The court certified the class in January 2024. Trial is set for July 2026.
Relevant Hawaii Laws
Hawaii courts recognize an implied warranty of habitability for new residential construction.
Prohibits unfair or deceptive acts in commerce, with a private right of action for consumers.
Hawaii Key Facts
- 1Hawaii recognizes an implied warranty of habitability for new construction.
- 2Hawaii's UDAP statute provides broad consumer protections, including treble damages.
- 3Mandatory arbitration clauses are generally enforceable in Hawaii.
- 4Hawaii requires residential contractors to be licensed by the Contractors License Board.
- 5Hawaii does not have a statutory pre-litigation notice or right-to-repair requirement.
- 6Hawaii's unique climate and building conditions (volcanic soil, humidity) present distinct construction challenges.
What Hawaii Buyers Should Know
- Be aware of the Nagano class action. A certified class action involving defective foundation components in D.R. Horton homes in Hawaii is pending trial. Research the status of this case and whether the communities or construction methods involved are relevant to your purchase.
- Understand Hawaii's UDAP protections. Hawaii's UDAP statute provides broad consumer protections with the potential for treble damages. This is a significant remedy if you were misled during the sales process.
- Verify materials are appropriate for Hawaii's environment. Hawaii's salt air, volcanic soil, humidity, and termite pressure require specific material choices. Ask for documentation confirming that foundation materials, structural components, and exterior finishes are rated for Hawaii's conditions.
- Verify contractor licensing. Hawaii requires residential contractors to be licensed by the Contractors License Board. Check D.R. Horton's license status before signing.