Current Employment Position(s)

Partner

Lawyer Overview

Pete Manaut is a partner in the firm's Honolulu office and is a member of the Litigation & Alternative Dispute Resolution Practice Group. He concentrates his practice on complex construction, commercial and real property litigation. Mr. Manaut represents parties in all aspects of litigation, mediation and arbitration, with particular expertise in complex construction litigation, mechanic's lien and bond claims, DROA and real property disputes, lender liability, foreclosures, equitable title disputes, quiet title actions, corporate and partnership dispute litigation, trust disputes and civil appellate work. He has practiced civil litigation full time in the Carlsmith Honolulu office for almost 25 years.

Related Matters

Construction Litigation/Arbitration 1) Represented general contractor in $100 million construction project and successfully negotiated a multi-million dollar arbitration award against owner on undisbursed retention and delay claim; 2) Prevailed on summary judgment for dismissal of related $5 million claim against lender to release loan funds; 3) Successfully represented large landowner on claims involving applicability of restrictive covenants in deeds filed in Land Court affecting a multi-million dollar golf course development; 4) As his primary practice area, he has represented owners, architects, contractors, and subcontractors in over one hundred actions of varying amounts and complexity in both arbitration and lawsuits involving mechanics liens, bond claims and the Contractor's Repair Act.

DROA and Real Estate Litigation 1) Represented international accounting firm in complex application of Canadian and U.S. law on various issues relating to lender liability. Successfully avoided substantial liability exposure and trial expense in summary judgment; 2) Litigated and negotiated a defense costs settlement on a $5 million claim against large beer manufacturer by former distributor on wrongful termination and lost profits claims; 3) Dismissed quiet title action against Japanese developer over conflicting property claims to a $600 million resort development; 4) Full recovery for contractor/developer in lawsuits and arbitration over disputed partnership share, including multi-million dollar delay and defect damages defenses; 5) Has handled many lawsuits and arbitrations involving interpretations of DROA language and applicability in disputes involving residential sales as well as commercial lease disputes, lender liability and foreclosure law.

Corporate/Partnership Termination Defended general partnership and corporation in litigation to discharge general partner. Case involved numerous complex partnership and corporate law issues. Obtained jury verdict in favor of clients in real estate partnership dispute after two month jury trial. Practice also emphasizes disputes involving intellectual property rights and the resolution of partnership, director and shareholder litigation and contract interpretation.

Government Contracting 1) Defended general contractor on government utilities contract against $3 million claim for wrongful termination of subcontractor and lost profits. Analysis of FAR, subcontract and partnering issues to successfully negotiate a defense costs resolution before trial. 2) Represented sign supplier against general contractor to recover for work performed on airport construction job. Successfully recovered balance on contract as well as a portion of legal fees in settlement after two month trial.

EIS Litigation Successfully defended City in EIS process challenge under HEPA and NEPA in both State Court and Federal Court.

Appellate Work Has worked on over 20 appeals at State and Federal Court levels involving commercial litigation.

Representative Cases
City & County of Honolulu v. Sherman, et. al, 128 P. 3d 542 (Hawaii 2006)
Mroz v. Hoalaha Na Eha, Ltd., 360 F. Supp. 2d 1122 (D. Haw. 2005)
Dannenfelser v. DaimlerChrysler Crop., 370 F. Supp. 2d 1091 (D. Haw. 2005)
Sensible Traffic Alternatives and Resources, Ltd. v. Federal Transit Admin. of U.S. Dept. of Transp., 307 F. Supp. 2d 1149 (D. Haw. 2004)
Cisneros v. Trans Union, LLC,, 293 F. Supp. 2d 1156 and 1167 (D. Haw. 2003)
Pannell Kerr Forster Intern. Ass'n. Ltd. v. Quek, 5 Fed. Appx. 574, 2001 WL 180646 (9th Cir. 2001)
Associates Financial Services Co. of Hawaii, Inc. v. Mijo, 950 P. 2d 1219 (1998)
In re Herrick, 922 P. 2d 942 (1996)
Howard Fields & Assoc. v. Grand Wailea Co., 848 F. Supp. 890 (D. Haw. 1993)
Touche Ross, Ltd. v. Filipek, 778 P. 2d 721 (1989)

Areas of Practice

• Litigation & Alternative Dispute Resolution
• Construction
• Commercial Litigation
• Real Estate & Land Use

West Practice Categories

Business & Commercial Law, Construction Law, Litigation & Appeals, Complex Litigation, Real Estate Law

Bar Admissions

• Hawaii, 1985
• Colorado, 1994
• U.S. Court of Appeals 9th Circuit, 1986
• U.S. District Court District of Hawaii, 1985

Professional Associations and Memberships

• Hawaii State Bar Association
• American Bar Association

Education

• Gonzaga University School of Law, Spokane, Washington, 1985
  J.D.
• University of Colorado, Boulder, Colorado, 1980
  B.A.

Address

ASB Tower
Suite 2200
1001 Bishop Street
Honolulu, HI 96813

Phones

808-523-2548

Faxes

808-523-0842

Emails

Contact Us

Websites

http://www.carlsmith.com