Construction Law & Litigation

Overview

The Construction Law and Litigation team at Lung Rose Voss Wagnild offers comprehensive legal services to developers, contractors, design professionals, and other construction industry stakeholders.

Our attorneys are experienced in handling disputes, contract formation, and risk management in construction projects of all sizes.

What We Do:

Negotiating and drafting project contracts
Construction financing, subordination agreements
Claims prevention and analysis
Performance failure litigation
Construction defect litigation
General contractor defense litigation
Design professional defense litigation liability
Insurance coverage litigation

Bonds and suretyship litigation
Mechanics’ liens litigation
Procurement — State, County, and Federal
Bid challenge litigation
Delay and scheduling claim litigation
Project management claim litigation
Litigation risk analysis
Davis-Bacon compliance

Experience

Select Results

Represented prominent Hawaii developer Gentry Homes, Ltd. in defense of a class action litigation alleging construction defects and statutory non-disclosures in the design and sale of residential subdivision units. After obtaining summary judgment on half of the claims asserted by the class, a highly favorable settlement was reached involving payment of only nominal damages and the implementation of an extended warranty program.
Represented general contractor Albert C. Kobayashi, Inc. in obtaining a mechanics’ lien in excess of $20 million 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.
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.
We have also been involved in the formation and negotiation of contract documents for projects including the following:
- 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
Lenders: Assisted in construction financing and project management disputes.
Design Professionals: Defended architects and engineers in negligence claims under professional liability policies.
General Contractors: Advocated for clients in:
- Mechanic’s lien disputes, including a substantial lien for the Ward Village Shops project.
- Defense of claims for construction defects and scheduling delays.
Subcontractors and Suppliers: Represented subcontractors in disputes with general contractors regarding performance, payment, and project delays.
Sureties and Insurers: Provided litigation services in bond and suretyship disputes and insurance coverage claims.