Harvey J. Lung

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; the Park Lane Ala Moana Residential Project; Oceanwide Ko Olina Hotel and Resort Development; and Atlantis Resort and Residences.

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
HGHK International Co., Ltd.
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
Oceanwide Resort Paradise HI, LLC
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)
Lawyer of the Year, 2013, Construction Law (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

Biography