Posted on Apr 22, 1997 in Formal Opinions

Opinion Letter No. 97-04
April 22, 1997
Nordic/PCL’s Subcontracts for the Convention Center Are Confidential

The costs set forth in the subcontracts for the design and construction of the Hawaii Convention Center are not required to be disclosed because the disclosure of this information would frustrate a legitimate government function.

For purposes of this opinion only, the subcontracts are assumed to be “government records” under the UIPA. These subcontracts set forth the actual, specific costs that the Convention Center’s contractor, Nordic/PCL, will incur for work performed by its subcontractors. The disclosure of these costs will substantially reveal Nordic/PCL’s profit margin between its subcontracting costs and the bid amount payable by the State, and would likely put Nordic/PCL at a disadvantage to its future competitors. Consequently, the OIP found that this information constitutes confidential commercial and financial information that is not required to be disclosed under the UIPA’s “frustration of a legitimate government function” exception.

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