Construction Law

The Clay Chapman Crumpton Iwamura & Pulice construction law team provides experienced, and cost-effective approaches to all matters involving construction. The construction team presents more than 50 years of combined experience representing contractors, sub-contractors, owners, architects, suppliers and sureties. The construction team provides individualized attention to matters both large and small. The team is experienced in representing clients regarding commercial, residential, public and private issues.

Gerald S. Clay (Jerry) has assisted parties in all matters regarding construction. He has assisted out of state contractors in Hawaii licensing procedures. He has drafted all manner of construction agreements, assisted in bonding situations, provided advice with regard to changes, delay, and impact claims, and worked with owners, contractors, and sub-contractors regarding breach of contract issues.

Mr. Clay has been particularly successful in mediating complex disputes through innovative techniques, including the use of an outside expert. Using the expert’s opinion together with independent research as the foundation for analysis, the parties can be assisted in reaching a resolution of their dispute.

Mr. Clay is also one of the pioneers and leaders in Hawaii in Construction Partnering. Because disputes are costly, avoiding them altogether can add significantly to the bottom line for everyone. The partnering process creates an environment in which the participants design teamwork into the project. Small problems are solved before they become major disputes, and everyone benefits in seeking new efficiencies.

Scott I. Batterman works closely with Mr. Clay on most of these matters, and also represents contractors and owners in disputes with insurance companies related to construction claims.

Mr. Clay and Mr. Batterman have written and lectured extensively regarding matters of construction law. Since 1989 Mr. Clay has annually presented a seminar for attorneys and construction professionals. Mr. Clay is co-author of the annual publication "Hawaii Construction Law and Mechanics Liens". Mr. Clay has also authored a series of publications for Builders Industry Digest entitled "Construction and the Law". Mr. Clay, a member of the General Contractors Association, has provided legal consultation for the Hawaii construction industry including assistance in drafting legislation and providing construction legislation testimony. Mr. Batterman has also lectured to the bar and the construction industry on insurance coverage issues; alternative dispute resolution; mold litigation; and the use of mechanics' liens.

Charles W. Crumpton of the firm has also represented clients and has served as an arbitrator and as a mediator in construction cases since 1985.