Hawaii Castle & Cooke Waikoloa ‘Wind Resistant’ Properties $320K Class Action Settlement

Waikoloa, Hawaii, property owners may be eligible for a recent $320,000 settlement with Castle & Cooke over the company’s “wind resistant” property designs.

The property settlement benefits individuals or entities who own single-family homes or individual townhomes with wind protection technology in the Castle & Cooke housing development known as Kikaha at Wehilani and Makana Kai at Wehilani in Waikoloa, Hawaii. Eligible homes were completed after Aug. 20, 2003.

Castle & Cooke Waikoloa LLC is a community development company based in Hawaii. The company has developed more than 24,000 homes in Hawaii, including a new “suburban” development in the works, Hawaii Magazine reported.

Plaintiffs in the Castle & Cooke class action lawsuit claim the company’s wind protection technology used in its houses is defective. This technology allegedly lacks sufficient strengths and fails to meet building codes.

Hawaii faces regular inclement weather, including hurricane force winds. Without proper protection, homes can sustain serious damage during these storms, according to Hawaii News Now. 

According to the wind protection class action lawsuit, certain Castle & Cooke homes are more susceptible to this damage due to faulty wind protection technology.

Castle & Cooke hasn’t admitted any wrongdoing but agreed to settle the claims against it with a $319,678.09 settlement.

The majority of the settlement will be used to compensate owners of around 100 properties in Wehilani. 

Eligible homeowners could receive estimated payments of $2,536 per qualifying property. 

Payments will be distributed by Feb. 18, 2022, according to estimates from the settlement administrator. 

Claimants whose W-2 forms require further verification may not receive their payments by this date.

The deadline for exclusion and objection passed on July 20, 2021. The courts granted final approval to the settlement Oct. 11, 2021.

In order to benefit from the settlement, Class Members must complete a valid W-2 and return it to the settlement administrator by Jan. 19, 2022.

Who’s Eligible

Individuals or entities who own single-family homes or individual townhomes with wind protection technology in the Castle & Cooke housing development known as Kikaha at Wehilani and Makana Kai at Wehilani in Waikoloa, Hawaii. Eligible homes were completed after Aug. 20, 2003.

Potential Award

$2,536 per qualifying property (estimated)

Proof of Purchase

No proof of purchase is required.

Form W-9

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

W-9 Submission Deadline

01/19/2022

Case Name

Britton, et al. v. Castle and Cooke Waikoloa LLC, Case No. 13-1-2277-08 GWBC in the Circuit Court of the 1st Circuit, State of Hawai’i

Final Hearing

08/25/2021

Settlement Website

WaikoloaWind.com

Claims Administrator

Britton, et al. v. Castle and Cooke Waikoloa, LLC (“Waikoloa-Wind Settlement”)
Settlement Administrator
c/o CPT Group, Inc
50 Corporate Park
Irvine, CA 92606
1-888-975-2374

Class Counsel

Melvin Y. Agena
LAW OFFICES OF MELVIN Y. AGENA

Glenn K. Sato
LAW OFFICES OF GLENN K. SATO

Graham B. LippSmith
Celene Chan Andrews
LIPPSMITH LLP

Defense Counsel

Lennes N. Omuro
Calvin E. Young
GOODSILL ANDERSON QUINN & STIFEL LLP