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.