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Mr. Kenneth R. Kupchak

HQ Phone: (808) 531-8031

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Damon Key Leong Kupchak Hastert

1003 Bishop Street 1600 Pauahi Tower

Honolulu, Hawaii 96813

United States

Company Description

Damon Key was the first law firm in Hawaii to recognize the potential of the internet by establishing a major web presence in 1995, in the "early" days of the Internet. Our multi-award winning site, as an extension of our practice, is an important part of ... more

Find other employees at this company (57)

Background Information

Employment History

Meteorology Research Staff

University of Hawaii

Affiliations

Fellow
The American College of Construction Lawyers

Member of the Panel
American Arbitration Association

Board Member
DINWIDDIE CONSTRUCTION CO

Board Member
Fletcher Construction Company USA

Governing Committee
American Bar Association

Fellow
ACCL

Chair of Membership Committee
Forum on the Construction Industry

Member
American Bar Association

Faculty Member
American Association for the Advancement of Science

Member
Board

Education

A.B. Chemistry

Cornell University

B.S.

Pennsylvania State University

J.D.

Cornell University

degrees

chemistry

Cornell University

law degree

International Affairs

Cornell University

Web References (62 Total References)


Panel of Neutrals

www.dpr4adr.com [cached]

Kenneth Kupchak, Esq.Damon, Key, Bocken, Leong & Kupchak

Mr. Kupchak is a graduate of Cornell University (A.B. Chemistry 1964), Pennsylvania State University (B.S. Meteorology 1965) and Cornell University (J.D. 1971).
For more than 20 years, Mr. Kupchak's practice has centered on all aspects of construction law, from international joint ventures to complex multi-party litigation, and the acquisition of three of the Pacific Basin's leading contractors.In 1994, he was appointed to the Steering Committee for the Dispute and Avoidance Resolution Division of the American Bar Association's Construction Industry Forum.Mr. Kupchak has been a member of the AAA's panel of arbitrators since the early 1980's and a member of the Judiciary's panel of arbitrators since the inception of their mandatory arbitration program.He has also been a faculty member for the AAA's International Arbitration Training Seminars and has chaired the arbitration breakout session at the 1995 and 1996 annual meetings of Commercial Law Affiliates, a worldwide organization of independent business and litigation law firms.In 1992, he and DKBLK colleague, Michael Yoshida, co-authored the Hawaii chapter in the Wiley Construction Series' two volume Fifty State Construction Lien and Bond Law book.
Presently Mr. Kupchak is the coordinator for the Hawaii chapter in three ABA fifty state construction publications dealing with design/build, public and private construction law.Following receipt of both chemistry and meteorology degrees, Ken served as the general staff weather briefing officer in Saigon. (As chair of the Hawaii Commission on Memorials for Veterans of the Korean and Vietnam Wars and as a director of the Air Force Association's Hawaii Chapter, Ken has continued his interest in the armed forces and veterans.) After serving on the Cornell Law Review and clerking with major law firms on Wall Street and in Los Angeles, he received his J.D. with specializations in international affairs.Mr. Kupchak serves on the Boards of Fletcher General Inc., Washington, Dinwiddie Construction Company, California, and Fletcher Construction Company USA, Delaware.
Mr. Kupchak represents numerous developers, architects, contractors and subcontractors.He has also been a adjunct professor at the University of Hawaii, William S. Richardson School of Law in International Business transactions with special focus on the use of arbitration.He previously also served as chief minority counsel in the Hawaii House of Representatives and as the legislature coordinator for the Hawaii State Association of Counties.In representing planned community developers, Mr. Kupchak has won significant state supreme court decisions invalidating initiative as a land use tool and clarifying due process rights with respect to aesthetic and environmental interests.For 10 years he was a member of the Statewide Advisory Committee for the Coastal Zone Management Program and chaired its agenda committee.
Mr. Kupchak is a member of the American Bar Association, Steering Committee, Dispute and Avoidance Resolution Division, Construction Industry Forum; Hawaii State Bar Association; American Arbitration Association (Panel of Arbiters and training faculty); and International Bar Association.


Land Use Law - Hawaii

www.theseminargroup.net [cached]

Kenneth R. Kupchak is a Director with Damon Key Leong Kupchak Hastert LC where for more than 25 years his practice has centered on all aspects of construction law.


Damon Key | News | Hawaii Lawyer

www.hawaiilawyer.com [cached]

Ken Kupchak and Mark Murakami were quoted in the Pacific Business News story "Land acquisition for rail could face legal action down the track" (Mar. 15, 2013).

...
"Kenneth Kupchak, president of the Honolulu-based law firm Damon Key Leong Kupchak Hastert, said that with so many properties yet to be acquired, he expects to see an increase in the number of eminent domain cases along rail's route, especially when HART gets closer to starting construction in Downtown Honolulu and Kakaako. 'There are a number of people along the rail line who are seeking counsel and appraisers' assistance,' he said. 'I'm anticipating there will be litigation.' He said some property owners along the route between Kapolei and Ala Moana Center already have contacted his law firm, but he declined to name them.
...
Kenneth Kupchak, the attorney representing Huapala Senior Care, said the lawsuit was filed because the City, after giving assurances for a number of months that the project could proceed, moved to stop the buildout about six months ago. "In August of last year," Kupchak said, "my client was told by the City that his project was conditionally approved, so long as there would be construction of a relief sewer line in the area by Huapala Senior Care."
Soon after, Kupchak said, the City Permitting Office also issued a demolition permit for some older structures on the property and, in December, 2011, issued a permit allowing Huapala to construct four building foundations for the new senior living facilities. The four foundations were then built out at a cost in excess of $300,000.
However, in March of this year, seven months after giving its conditional approval, the City Permitting Office, in correspondence with the Huapala group, said that there were concerns with the project's sewer flow and thus the development would need to be revised. According to Kupchak, Huapala management believed that it was entitled to a direct sewer connection based upon its plans, but "if the City had legal grounds to deny that, my client knew it could rely on an approved diversion as a worst case and that is why they proceeded to purchase the property."
...
Attorneys specializing in rail-related issues include Kenneth R. Kupchak, Gregory W. Kugle, Anna H. Oshiro (construction and procurement), Robert H. Thomas, Mark M. Murakami, Tred R. Eyerly (insurance), Christi-Anne H. Kudo Chock and Matthew T. Evans.
...
Damon Key Leong Kupchak Hastert attorneys Kenneth R. Kupchak, director; Anna H. Oshiro, director; and Tred Eyerly, associate; co-authored the construction and bond chapters in the second volume of the Hawaii Real Estate Law Manual.
...
Kupchak presented on the land use chapter and, with Oshiro, on the construction and bond chapters at the Hawaii State Bar Association's conference September 18.
...
Kupchak is a Fellow in the American College of Construction Lawyers, and has served on the governing committee of the American Bar Association's Forum on the Construction Industry. He was recognized in Best Lawyers in Hawaii in construction, mergers and acquisitions and commercial litigation.
...
Damon Key attorneys Ken Kupchak, Robert Thomas, and Christi-Anne Kudo Chock represented the Lanai voter who prevailed in the appeal.
...
Kenneth R. Kupchak and Anna Oshiro, firm directors, presented to the Hawaii State Bar Association's Sept. 18 convention on construction and bond chapters of the Hawaii Real Estate Manual.
...
Kupchak also presented on the land use chapter. Kupchak, Oshiro and firm associate Tred Eyerly co-authored the construction bond chapter of the Manual.
...
Kenneth Kupchak, Diane Hastert, James McWhinnie and Douglas Smith have been named Best Lawyers of 2009 by the vote of their peers.
...
Ken Kupchak, Diane Hastert and Jim McWhinnie have practices involving complex litigation.


Damon Key | News | Hawaii Lawyer

www.hawaiilawyer.com [cached]

Ken Kupchak and Mark Murakami were quoted in the Pacific Business News story "Land acquisition for rail could face legal action down the track" (Mar. 15, 2013).

...
"Kenneth Kupchak, president of the Honolulu-based law firm Damon Key Leong Kupchak Hastert, said that with so many properties yet to be acquired, he expects to see an increase in the number of eminent domain cases along rail's route, especially when HART gets closer to starting construction in Downtown Honolulu and Kakaako. 'There are a number of people along the rail line who are seeking counsel and appraisers' assistance,' he said. 'I'm anticipating there will be litigation.' He said some property owners along the route between Kapolei and Ala Moana Center already have contacted his law firm, but he declined to name them.
...
Kenneth Kupchak, the attorney representing Huapala Senior Care, said the lawsuit was filed because the City, after giving assurances for a number of months that the project could proceed, moved to stop the buildout about six months ago. "In August of last year," Kupchak said, "my client was told by the City that his project was conditionally approved, so long as there would be construction of a relief sewer line in the area by Huapala Senior Care."
Soon after, Kupchak said, the City Permitting Office also issued a demolition permit for some older structures on the property and, in December, 2011, issued a permit allowing Huapala to construct four building foundations for the new senior living facilities. The four foundations were then built out at a cost in excess of $300,000.
However, in March of this year, seven months after giving its conditional approval, the City Permitting Office, in correspondence with the Huapala group, said that there were concerns with the project's sewer flow and thus the development would need to be revised. According to Kupchak, Huapala management believed that it was entitled to a direct sewer connection based upon its plans, but "if the City had legal grounds to deny that, my client knew it could rely on an approved diversion as a worst case and that is why they proceeded to purchase the property."
...
Attorneys specializing in rail-related issues include Kenneth R. Kupchak, Gregory W. Kugle, Anna H. Oshiro (construction and procurement), Robert H. Thomas, Mark M. Murakami, Tred R. Eyerly (insurance), Christi-Anne H. Kudo Chock and Matthew T. Evans.
...
Damon Key Leong Kupchak Hastert attorneys Kenneth R. Kupchak, director; Anna H. Oshiro, director; and Tred Eyerly, associate; co-authored the construction and bond chapters in the second volume of the Hawaii Real Estate Law Manual.
...
Kupchak presented on the land use chapter and, with Oshiro, on the construction and bond chapters at the Hawaii State Bar Association's conference September 18.
...
Kupchak is a Fellow in the American College of Construction Lawyers, and has served on the governing committee of the American Bar Association's Forum on the Construction Industry. He was recognized in Best Lawyers in Hawaii in construction, mergers and acquisitions and commercial litigation.
...
Damon Key attorneys Ken Kupchak, Robert Thomas, and Christi-Anne Kudo Chock represented the Lanai voter who prevailed in the appeal.
...
Kenneth R. Kupchak and Anna Oshiro, firm directors, presented to the Hawaii State Bar Association's Sept. 18 convention on construction and bond chapters of the Hawaii Real Estate Manual.
...
Kupchak also presented on the land use chapter. Kupchak, Oshiro and firm associate Tred Eyerly co-authored the construction bond chapter of the Manual.
...
Kenneth Kupchak, Diane Hastert, James McWhinnie and Douglas Smith have been named Best Lawyers of 2009 by the vote of their peers.
...
Ken Kupchak, Diane Hastert and Jim McWhinnie have practices involving complex litigation.


Damon Key | News | Hawaii Lawyer

www.hawaiilawyer.com [cached]

Ken Kupchak, Tred Eyerly, Mark Murakami in National Press: "Insurer Must Cover Hawaii Dam Litigation

...
Law360 reported on the recent Hawaii Supreme Court victory by Damon Key's Ken Kupchak, Tred Eyerly, and Mark M. Murakami in C. Brewer and Company Ltd. v. Marine Indemnity Insurance Co. of America, SCWC-28958 (Haw. Mar. 27, 2015) (opinion available here).
...
The report notes, "Kenneth R. Kupchak of Damon Key Leong Kupchak Hastert, who represents Brewer, told Law360 that they were pleased with the court's opinion, calling it 'concise and to the point.'
'This opinion essentially gave us everything we asked for,' Kupchak said."
...
Mark and Robert and their partner Ken Kupchak are listed in Honolulu Magazine's "Best Lawyers in Hawaii" and in Hawaii SuperLawyers in Eminent Domain and Condemnation Law.
...
Ken Kupchak and Mark Murakami were quoted in the Pacific Business News story "Land acquisition for rail could face legal action down the track" (Mar. 15, 2013).
...
"Kenneth Kupchak, president of the Honolulu-based law firm Damon Key Leong Kupchak Hastert, said that with so many properties yet to be acquired, he expects to see an increase in the number of eminent domain cases along rail's route, especially when HART gets closer to starting construction in Downtown Honolulu and Kakaako. 'There are a number of people along the rail line who are seeking counsel and appraisers' assistance,' he said. 'I'm anticipating there will be litigation.' He said some property owners along the route between Kapolei and Ala Moana Center already have contacted his law firm, but he declined to name them.
...
Kenneth Kupchak, the attorney representing Huapala Senior Care, said the lawsuit was filed because the City, after giving assurances for a number of months that the project could proceed, moved to stop the buildout about six months ago. "In August of last year," Kupchak said, "my client was told by the City that his project was conditionally approved, so long as there would be construction of a relief sewer line in the area by Huapala Senior Care."
Soon after, Kupchak said, the City Permitting Office also issued a demolition permit for some older structures on the property and, in December, 2011, issued a permit allowing Huapala to construct four building foundations for the new senior living facilities. The four foundations were then built out at a cost in excess of $300,000.
However, in March of this year, seven months after giving its conditional approval, the City Permitting Office, in correspondence with the Huapala group, said that there were concerns with the project's sewer flow and thus the development would need to be revised. According to Kupchak, Huapala management believed that it was entitled to a direct sewer connection based upon its plans, but "if the City had legal grounds to deny that, my client knew it could rely on an approved diversion as a worst case and that is why they proceeded to purchase the property."
...
Attorneys specializing in rail-related issues include Kenneth R. Kupchak, Gregory W. Kugle, Anna H. Oshiro (construction and procurement), Robert H. Thomas, Mark M. Murakami, Tred R. Eyerly (insurance), Christi-Anne H. Kudo Chock and Matthew T. Evans.
...
Damon Key Leong Kupchak Hastert attorneys Kenneth R. Kupchak, director; Anna H. Oshiro, director; and Tred Eyerly, associate; co-authored the construction and bond chapters in the second volume of the Hawaii Real Estate Law Manual.
...
Kupchak presented on the land use chapter and, with Oshiro, on the construction and bond chapters at the Hawaii State Bar Association's conference September 18.
...
Kupchak is a Fellow in the American College of Construction Lawyers, and has served on the governing committee of the American Bar Association's Forum on the Construction Industry. He was recognized in Best Lawyers in Hawaii in construction, mergers and acquisitions and commercial litigation.
...
Damon Key attorneys Ken Kupchak, Robert Thomas, and Christi-Anne Kudo Chock represented the Lanai voter who prevailed in the appeal.
...
Kenneth R. Kupchak and Anna Oshiro, firm directors, presented to the Hawaii State Bar Association's Sept. 18 convention on construction and bond chapters of the Hawaii Real Estate Manual.
...
Kupchak also presented on the land use chapter. Kupchak, Oshiro and firm associate Tred Eyerly co-authored the construction bond chapter of the Manual.
...
Kenneth Kupchak, Diane Hastert, James McWhinnie and Douglas Smith have been named Best Lawyers of 2009 by the vote of their peers.
...
Ken Kupchak, Diane Hastert and Jim McWhinnie have practices involving complex litigation.
...
Ken Kupchak, Tred Eyerly, Mark Murakami in National Press: "Insurer Must Cover Hawaii Dam Litigation

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