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***NOT FOR PUBLICATION***
NO. 23264 IN THE SUPREME COURT OF THE STATE OF HAWAI#I

CERTIFIED COATINGS OF CALIFORNIA, Appellant-Appellee vs. NELSON BEFITEL,1 in his official capacity as Director of the DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, Appellee-Appellant

APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 99-2518) SUMMARY DISPOSITION ORDER Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

(By:

Appellee-Appellant the Department of Labor and Industrial Relations (DLIR) appeals the February 4, 2000 Findings of Fact (findings) and Conclusions of Law (conclusions), and the March 13, 2000 final judgment of the Circuit Court of the First Circuit (the court)2 reversing the June 2, 1999 decision and order of the DLIR. We vacate the court's findings, conclusions,

and final judgment and reinstate the DLIR's June 2, 1999 decision and order for the reasons stated herein. In June 1996, the Hawai#i State Department of Transportation awarded Appellant-Appellee Certified Coatings of

Pursuant to Hawai#i Rules of Appellate Procedure Rule 43(c)(1), Nelson Befitel, the current Director of the Department of Labor and Industrial Relations, has been substituted for Lorraine H. Akiba, the director at the time this case was decided by the first circuit court.
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1

The Honorable Allene R. Suemori presided.

***NOT FOR PUBLICATION***
California (Certified Coatings) a state contract (the contract) for the removal and disposal of lead based paint, as well as the repainting of two bridges.3 Section 695 of the contract required

that Certified Coatings remove "lead-containing/lead-based paint from the bridge[s]" and section 696 provided for the "cleaning and painting of the steel bridge surfaces . . . ." Section

107.02 of the contract, entitled "Wages and Hours Requirements," stated that "[t]he Contractor shall at all times observe and comply with all provisions of" Hawai#i Revised Statutes (HRS) chapter 104.4 HRS chapter 104 governs the wages and rates of

employees on public works construction projects.5
This project, denoted as Department of Transportation Federal Aid Project No. BR-019-2(40), involved work on two bridges on the Island of Hawai#i.
4 3

HRS

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