Harvey Lung is one of Hawaii's most experienced and respected construction law attorneys, having concentrated in this practice field for 30 years. Through his representation of clients and his teaching work seminars, Mr. Lung is widely regarded as one of the state's leaders in construction law, construction contract disputes, construction defect and delay impact an loss productivity claims, and payment disputes.
Mr. Lung represents construction industry clients including owners, developers, lenders, design professionals, general contractors, sub-contractors, suppliers, sureties, and insurers, in construction and contract disputes, including construction defect and professional negligence claims. Mr. Lung also handles construction contract negotiations, ongoing job disputes, mechanic's liens, procurement code claims, and insurance coverage disputes.
Mr. Lung's prominent construction litigation cases over the past 25 years have included:
- 1986-91. Kona Surf Hotel v. Pan Pacific Builders. Represented the Kona Surf Hotel in an action to recover damages for construction defects arising out of the renovation of the hotel. The case was settled in the middle of a jury trial.
- 1986-92. Amfac Distribution Hawaii, Inc. Represented Amfac, a supply-house surety, in over 20 suretyship cases.
- 1991. Sakagami Corporation v. Gosnell Builders. Represented Gosnell Builders in a termination of construction contract dispute relating to the Maui Coast Hotel. The case was successfully resolved with the termination notice being rescinded and Gosnell completing construction of the hotel.
- 1993. Hawaiian Dredging & Construction Company v. Department of Transportation, State of Hawaii. Represented Hawaiian Electric Company before a dispute review board on delay claims arising out of the Kalanianaole Highway project. The board found that the claims had no merit.
- 1995. First State Insurance Company v. Oahu Construction Co., Ltd. Represented Gentry Pacific Ltd. and Gentry Development Co. in an insurance coverage dispute over dust claims arising from the Waialae Iki V project. The case was settled.
- 1996. Hiroyoshi Cho, et al. v. Earl Yonemura, et al. Represented homeowners against general contractor and surety for breach of construction contract and performance bond. Arbitration award and judgment entered in clients' favor in the amount of $555,619.91.
- 1997. Aetna Surety & Casualty Company and Albert C. Kobayashi, Inc. v. Herbert K. Horita, Horita Construction, Inc., and the Horita Group. Represented Aetna and Albert C. Kobayashi, Inc. in an action to recover damages against various Horita entities for breach of indemnity and guarantee obligations arising out of the Ko Olina Resort project. A settlement was reached pursuant to which Aetna and Albert C. Kobayashi, Inc. recovered their full damages in the amount of approximately $4.7 million.
- 1999. Duy Q. Phun, et al. v. Nova International Hawaii, Inc.,et al. Represented Kober/Hanssen/Mitchell Architects, Inc. in the defense of a negligence claim in which the Plaintiff became permanently disabled after falling off a dance stage at a nightclub. The claim was settled favorably.
- 1990-1999. Brazier Forest Industries, Inc. Represented Brazier, a supply-house surety, in over 60 suretyship cases.
- 2002. One Kalakaua Partner v. Wimberly Allison Tong & Goo. Represented Wimberly Allison Tong & Goo in the defense of a design professional negligence claim involving the One Kalakaua Senior Living Project. The case was arbitrated resulting in a defense verdict.
- 2002. Albert C. Kobayashi, Inc. v. DFS Group, LLC. Represented Albert C. Kobayashi, Inc. in an arbitration to recover the unpaid balance of a construction contract and unpaid change orders arising out of the Duty Free Shoppers Galleria Project in Waikiki. The arbitration resulted in a recovery for Albert C. Kobayashi, Inc. in excess of $2.2 million.
- 2004. Celine Nelsen, et al. v. H.K. Development Corp., et al. Represented homeowner in breach of contract, unfair and deceptive practice arbitration. Award and judgment entered in favor of clients in excess of $525,000.
- 2005. Hilton Hotels Corporation, et al. vs. Wimberly Allison Tong & Goo, Inc., et al. Represented Wimberly Allison Tong & Goo in the defense of claims for damages in excess of $65 million arising out of mold infestation at Kalia Tower, Hilton Hawaiian Village. Successfully negotiated a settlement pursuant to which client paid less than 3% of the claimed damages.
- 2006. One Kalakaua Senior Living Association vs. One Kalakaua Partners, et al. Represented Wimberly Allison Tong & Goo, Inc. in the defense of design defect claims. A favorable settlement was reached in the case.
- 2006. Siosiua Pooi, et al. vs. Ilaisaane F. Malafu dba Malafu Tree Trimming Service, et al. Represented Wayne I. Arakaki Engineering, LLC in the defense of professional negligence claims. This case was settled prior to trial.
- 2006. Jeffrey A. Matzek dba Jeffrey A. Matzek & Associates. Represented Matzek in defense of design professional negligence and breach of contract relating to the Uplands at Kumulani project on the Big Island. This was a complex litigation that was eventually settled.
- 2007. Stimson Lumber Company, Inc. Represented Stimson in the defense of products liability claims for two projects on Maui: Kahului Ikena and Kuau Bayview. The lawsuits for both projects were settled simultaneously.
- 2007. Richard Beall & Associates, Inc. Represented Beall & Associates in the defense of professional liability claims arising out of the One Archer Lane condominium project. A policy limits demand was made against the client. The case was settled following a mini-trial conducted by the Circuit Court for the State of Hawaii. The jury in the mini-trial returned a defense verdict in favor of Beall & Associates and the case was ultimately settled.
- 2008. Urban Loft Development LLC. Negotiated a substantial settlement on behalf of developer Urban Loft Development LLC with the City & County of Honolulu for delays incurred due to the City's alternative sewage line in Waikiki.
- 2009. Albert C. Kobayashi, Inc. Obtained $17 million plus mechanics' lien against General Growth Properties and Victoria Ward, Limited for the Ward Village Shops project. This matter was subsequently settled with the full amount of the lien being satisfied.
- 2010. Swinerton Builders. Represented Swinerton in mechanics' lien action to recover in excess of $3.3 million owed on a subcontract. A lien was successfully attached to the property and an action to foreclose on the lien is pending.
Mr. Lung also does a substantial amount of work at the front end of construction projects in negotiating and drafting contract documents. The following are some recent major projects in which Mr. Lung has been directly involved in the formation of the contract documents:
- Hokua Condominium Project, Honolulu, Hawaii
- Capitol Place Condominium Project, Honolulu, Hawaii
- Trump International Hotel & Tower At Waikiki Beachwalk, Honolulu, Hawaii
- Ke Kailani, Maunalani, Hawaii
- Maryknoll School Community Center, Honolulu, Hawaii
- Kapolei Commons Shopping Center, Kapolei, Hawaii
- Kawaiaha'o Church Multi-Purpose Center, Honolulu, Hawaii
- Hale Ali'i Condominium Project, Honolulu, Hawaii
- Cole Academy, Kapolei, Hawaii
- University of Hawaii, West Oahu Campus, Kapolei Hawaii
- Kuhio Park Terrace renovation, Honolulu, Hawaii
Mr. Lung is a well-known author and lecturer on construction law topics. His professional publications include:
- Co-author, "Managing Construction Projects in Hawaii" (Lorman Education Services, 2008)
- Co-author, "Introduction to the New AIA Contract documents" (Lorman Educational Services, 2008, and updates)
- Co-author, "The Fundamentals Of Construction Contracts: Understanding The Issues" (Lorman Education Services, 2006, and updates)
- Co-author, "Advanced Principles of Title Insurance" (National Business Institute, 2003)
- Co-author, "Facing the New Millennium: Are Traditional Defenses Effective In Shielding the Design Professional from Liability?" (Victor O. Schinnerer & Co., 2000)
- Co-author, "Construction Project Management: Solving Year 2000 Issues" (The Cambridge Institute, 1998)
- Co-author, "How to Get Paid on Construction Projects in Hawaii" (Cambridge Institute, 1996, and updates)
- Co-author, "Advanced Construction Law in Hawaii" (National Business Institute, 1995)
- Co-author, "Mechanic's Liens, Payment and Performance Bonds under Hawaii Law" (Cambridge Institute, 1990, and updates)
- Co-author, "Construction Claims and Job Profitability in Hawaii" (National Business Institute, 1988, and updates)
- Co-author, "Hawaii Construction Law: What do you do when..." (National Business Institute, 1987, and updates)
- Lectures on Construction Law and the People's Law School and at many other seminars and workshops
- Periodic contributor to the Building Industry Magazine and Building Management Magazine
Mr. Lung is a 1981 graduate of the University of California, Hastings College of Law, where he served as Notes and Comments Editor for the Hastings Law Journal. Since 1987, Mr. Lung has been a partner of the law firm now known as Bays Lung Rose & Holma. He currently serves as Chairperson of the firm's Executive Committee.
Mr. Lung has received numerous awards for his construction law practice. He was recognized in 2008, 2009, and 2010 by Honolulu Magazine and the research firm of Woodward/White as one of the Best Lawyers in Hawaii in commercial litigation and construction law. Mr. Lung was listed in Best Lawyers in America, 2008-2009 and 2010-2011, as well as Super Lawyers, Corporate Counsel Edition, 2009, for Construction Litigation.
