Harvey J. Lung

Biography

Harvey J. Lung

Partner

Location: Honolulu, Hawaii
Phone: (808) 523-9000
Fax: (808) 533-4184
Email: HLung@LegalHawaii.com
vCard: vcard

Harvey Lung is one of Hawaii's most experienced and respected construction law attorneys, having concentrated in this practice field for more than 34 years.  Through his representation of clients and his teaching work at seminars, Mr. Lung is widely regarded as one of the state’s leaders in construction law, including construction contract disputes, construction defect claims, delay impact and loss productivity claims, professional negligence claims, and payment disputes.

Mr. Lung has represented a myriad of construction industry clients including owners, developers, lenders, design professionals, general contractors, subcontractors, suppliers, sureties, and insurers.  Mr. Lung’s primary areas of practice include:

Construction Contract Formation

  • Negotiated and drafted construction contract documents and related construction loan support documents for major Hawaii projects, including Capitol Place Condominium; Hokua Condominium; Honolulu Rail Transit Project; Ho’olei Condominium; Kapiolani Medical Center; Kapolei Commons Shopping Center; Kawaiaha’o Church Multi-Purpose Center; Ke Kailani Condominium Project; Maryknoll School Community Center; One Ala Moana Residential Tower; Ritz-Carlton Residences Waikiki Beach; 7000 Hawaii Kai; the Trump International Hotel & Tower at Waikiki Beachwalk; University of Hawaii-West Oahu Campus; and the Park Lane Ala Moana Residential Project.

Construction Litigation

  • 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.
  • Represented Albert C. Kobayashi, Inc. in obtaining a $17 million plus mechanics’ lien and recovery against General Growth Properties and Victoria Ward, Limited for the Ward Village Shops project.
  • Represented The Hartford Fire Insurance Company in over 20 suretyship cases.
  • Represented Stanford Carr Development Corporation in an action for breach of partnership obligations, resulting in a favorable jury verdict in excess of $2.8 million and a defense verdict on a $7 million counterclaim.

Insurance Defense

  • Represents architects and engineers in the defense of professional negligence claims under professional liability policies.
  • Represents owners, contractors, and subcontractors in the defense of negligence claims under general liability policies.
  • Represents homeowner associations under directors and officers liability policies.
  • Represents attorneys in legal malpractice claims under professional liability policies.

Mr. Lung has conducted numerous lectures on construction law and professional liability at seminars, conferences and client workshops.

Published Works

  • Co-author, Judge or Jury? Criteria for Selecting a Bench or Jury Trial, Victor O. Schinnerer & Co., 2015
  • Co-author, AIA Contracts, Lorman Educational Services, 2012
  • Co-author, Managing Construction Projects in Hawaii, Lorman Education Services, 2008
  • Co-author, Introduction to the New AIA Contract documents, Lorman Education Services, 2008
  • Co-author, The Fundamentals Of Construction Contracts: Understanding The Issues, Lorman Education Services, 2006
  • 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
  • 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
  • Co-author, Construction Claims and Job Profitability in Hawaii, National Business Institute, 1988
  • Co-author, Hawaii Construction Law: What do you do when..., National Business Institute, 1987
  • Author, Parker v. Randolph: The Right of Confrontation and the Interlocking Confessions Doctrine, Hastings Law Journal, Sept., 1980

Representative Clients

  • Albert C. Kobayashi, Inc.
  • American Electric Company
  • AMX Partners, LLC
  • Aston Hotels & Resorts
  • Avalon Development Company LLC
  • Beachside Roofing, LLC
  • Beall & Associates, Inc.
  • BELFOR USA Group, Inc.
  • Brett Hill Construction, Inc.
  • Bruce Olson-Hawaii, Inc.
  • CNA Insurance Companies
  • Ferraro Choi & Associates, Ltd.
  • Graham Builders, Inc.
  • Greenberry Industrial
  • Hale Ka Lea, LLC
  • The Hartford Fidelity Insurance Company
  • The Hartford Fire Insurance Company
  • Haseko Construction Management Group
  • Hawaii Pacific Health
  • Hawaiian Electric Company
  • Heide & Cook, LLC
  • Hidano Construction, Inc.
  • Honsador Lumber LLC
  • Hunt Building Company, Ltd.
  • Island Insurance Company
  • The Kobayashi Group
  • Kober/Hanssen/Mitchell Architects
  • Kolona Painting & General Construction, Inc.
  • Leo A Daly Company
  • Maui Waterscapes, LLC
  • Moss & Associates
  • PBR Hawaii & Associates, Inc.
  • Pacific Aquascapes, LLC
  • Rainbow Roof Maintenance Company
  • Safway Steel Products, Inc.
  • Shook Kelley, Inc.
  • Swinerton Builders – Hawaii
  • The Toddler Program
  • Wimberly Allison Tong & Goo.

Honors and Awards

  • America's Most Honored Professionals, (American Registry) 2011, 2015
  • Best Lawyers in Hawaii (Honolulu Magazine/Woodward & White Publishers), 2008 - 2016, in the categories of Arbitration, Commercial litigation, Construction Law, and Litigation - Construction and Mediation
  • Best Lawyers in America, 2009 - 2016, in the categories of Arbitration, Commercial litigation, Construction Law, and Litigation - Construction and Mediation
  • Chambers' Key Individuals, Litigation: General Commercial: Hawaii, 2012
  • Hawaii's Leading Lawyers for Business (Pacific Business News), 2011 and 2012
  • Hawaii Super Lawyers, 2010 - 2016
  • Lawyer of the Year, 2014, Construction Litigation (Honolulu Magazine/Woodward & White Publishers
  • Martindale-Hubbell, AV Preeminent Peer Review Rating, 2012-2016
  • Super Lawyers, Corporate Counsel Edition, 2009 and 2011, in the category of Construction Litigation
  • Top Lawyers (Corporate Counsel Magazine), 2011
  • Top Rated Lawyers (American Lawyer Magazine), 2012
  • Top Rated Lawyer in Insurance Law, 2014, American Lawyer Media and Martindale-Hubbell

Professional Associations and Memberships

  • American Bar Association's Forum Committee on the Construction Industry, Member
  • American Institute of Architects (Hawaii Chapter), Affiliate Member
  • Building Industry Association of Hawaii, Member
  • Hawaii State Bar Association, Member
  • American Bar Association, Member
  • Hawaii Architectural Foundation, Member, Board of Directors

Fraternities/Sororities

  • Phi Beta Kappa
  • Phi Eta Sigma
Areas of Practice
  • Construction Law
  • Construction Contract Disputes
  • Construction Defects
  • Construction Delay Impact Litigation
  • Commercial Litigation
  • Business Transactions Relating to Construction Projects
  • Real Estate Litigation
  • Business Torts
  • Arbitration/Mediation
Bar Admissions
  • Hawaii, 1981
  • U.S. District Court District of Hawaii, 1981
  • U.S. Court of Appeals Ninth Circuit, 1983
Education
  • University of California, Hastings College of the Law, San Francisco, California
    J.D. - 1981
    Law Journal: Hastings Law Journal, Note and Comments Editor
  • University of Washington, Seattle, Washington
    B.A. in Political Science, summa cum laude - 1978