Design Claim Conciliation Panel

Pursuant to Act 207, 2007 Session Laws of Hawaii, starting on January 1, 2008, all malpractice claims against design professionals must be submitted to the Design Claim Conciliation Panel (“DCCP”) program.

The DCCP is responsible for conducting informal conciliation hearings on claims against design professionals before such claims can be filed as lawsuits. The decisions of the DCCP panels are advisory in nature and are not binding on the parties, in the event that any party still wishes to pursue the matter via the courts.

The decisions rendered by the DCCP panels provide the parties with fairly accurate advisory determinations of the relative merits of the claims, which should assist the parties in evaluating whether the claims should be pursued through the judicial system.

The DCCP program also provides an opportunity for the parties to exchange information in a relatively expedited and inexpensive manner, which in turn provides for opportunities for the parties to explore the conciliation of meritorious claims prior to such claims being brought before the courts.

Lastly, the requirements of exchanging information between the parties, and making conscientious and thorough presentations to the panels, discourage the pursuit of frivolous or fraudulent claims, prior to further legal proceedings being taken by the parties.

Click on the link below for DCCP informational materials and forms:

http://cca.hawaii.gov/oah/forms/dccp_forms/