Kelly A. Floyd, Attorney

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Kelly A. Floyd practices in the areas of construction law, business and commercial litigation, and federal procurement and claims. Mr. Floyd represents clients in matters involving public work and private projects. His practice covers litigation matters from complaint filing through judgment collection, involving a wide variety of issues including breach of contract, contract interpretation, general/subcontractor disputes, owner/general contractor disputes, and lien law.

Mr. Floyd received his juris doctor from the University of San Diego School of Law, from which he graduated cum laude and was made a member of the Order of the Coif. Mr. Floyd served as a Lead Articles Editor on the San Diego Law Review Board and an associate member of the Moot Court Board. Mr. Floyd earned several academic achievement awards at the University of San Diego, including CALI awards in Criminal Procedure and High-Tech Start-Ups, and high honors in Negotiation. While in law school, Mr. Floyd also had the privilege of serving as an extern for the Honorable Thomas J. Whelan at the U.S. District Court for the Southern District of California. Mr. Floyd received his Bachelor of Arts in International Studies – Political Science from the University of California, San Diego. Prior to entering law school, Mr. Floyd worked three years as a marketing analyst for a management consulting firm.

Bar Admissions

  • California (State Courts)

Education

  • J.D., Cum Laude, Order of the Coif, Law Review Board - University of San Diego
  • B.A., International Studies/Political Science - University of California, San Diego

Representative Experience

Wrongful Termination Of Construction Manager By Public School District

The firm represented a construction manager who was wrongfully terminated from two school district projects and was owed substantial amounts for work performed. The firm sued the school district and immediately served the district with aggressive discovery, while also pushing for an early mediation. In preparation for mediation, the firm performed a detailed investigation of the facts supporting the construction manager’s case and prepared an effective mediation presentation. At mediation, the firm obtained a favorable settlement that included a retraction of the terminations for cause and significant payment by the district. Following the legally required waiting period for bringing such a claim against a government agency, the litigation was resolved in a matter of months.

Insurance Company - Collections/Judgment Enforcement

​​The firm represented an insurance company and filed multiple lawsuits against customers who failed to pay workers’ comp and bond premiums. With the appropriate pressure, the firm obtained favorable settlements collecting significant returns where the insurance company’s collection efforts had failed. Where the defendants failed to appear in the lawsuits, the firm obtained default judgments and expeditiously enforced the judgments through debtor’s examinations, liens, and bank levies.

Recovery Against School District Following Discovery of Asbestos

The firm represented a Trade Contractor who discovered unanticipated asbestos in the walls and ceilings of school classroom buildings while performing technology infrastructure upgrades pursuant to a contract with a School District. To ensure the safety of the crew, the Trade Contractor shut down the project and demanded payment for the work performed to date, which the District refused. The firm submitted a claim to the District and successfully negotiated payment to the Trade Contractor without a termination of the contract and short of filing a lawsuit.

Extra Work Claims – Subcontractor v. General Contractor

While working on a large community park project for a Southern California city, the firm’s subcontractor client encountered multiple unforeseen conditions and was directed by the project’s general contractor to perform significant extra work and change work. When the general contractor refused to pay for the extra work, the firm sued the general contractor and the city. The general contractor initially refused to discuss a reasonable settlement. However, pressure from the firm’s written discovery and substantiation of the client’s claims produced the desired effect. Prior to costly depositions—and well short of trial—the firm obtained a favorable settlement for the client.

Wrongful Termination Of Prime Contractor (Settlement)

The Firm represented General Contractor in litigation contesting the Owner’s termination of General Contractor for cause on two separate contracts. The Firm demonstrated that the terminations were wrongful, and that delay to the project was not the fault of the general contractor, but instead arose from and was excused by numerous design deficiencies, repeated Owner changes, and Owner mismanagement. The Firm asserted damages based on delay, inefficiency, extra work, and to recoup surety losses. The Firm settled the matter for $7.35 million dollars, while at the same time resolving secured creditor claims of over $10 million dollars out of settlement funds and leaving money in the General Contractor’s pocket. The Owner acknowledged the terminations were not for cause.

General Contractor v. County of San Diego

Immediately after award on a hard-bid sewer project, the firm’s general contractor client discovered defects in the plans requiring a significant change order. The general contractor requested the change order prior to executing the contract, which the County refused. As a result of the firm’s efforts, the County released the general contractor from the contract without any consequences to its bid bond.

Negotiation of Bid Withdrawal

The firm's client was the successful bidder on a hard bid project for the County of San Diego. After award, the firm's client identified significant discrepancies in the contract documents, adding significant costs. The County denied any cost increase was warranted and directed the firm's client to sign the contract or relinquish its bid bond. After the client requested assistance, the firm intervened and the County agreed to withdrawal of the bid and exoneration of the bid bond.

Claim for Additional Grading Quantities

The firm represented a public works contractor against a water district on a claim for additional grading quantities. The firm put together a detailed analysis of actual quantities based on as-built grades and boring information in order to rebut the district’s inadequate determination of quantities. The claim was settled favorably to the client, at mediation, and before a lawsuit was filed.

Zurich Specialties London Limited v. A&D Fire Protection, et al. San Diego Superior Court Case No. 37-2013-00048004-CU-BC-CTL

This case involved the Treo@Kettner condominium development located in downtown San Diego, which was completed in January 2003. Treo@Kettner was the subject of a very large construction defect action beginning in 2007. The construction defect action concluded by settlements reached in 2011. More than two years later, one of the insurers who paid for the developer’s defense sued a number of the developer’s subcontractors for subrogation and express contractual indemnity, seeking damages in excess of $1.5 million. The insurer’s lawsuit, filed in May 2013, was filed more than 10 years after the applicable statute of repose had expired.

The firm, defending 10 of the subcontractors sued in the action, immediately demurred to the insurer’s complaint, arguing that it was barred by the 10 year statute of repose stated in California Code of Civil Procedure section 337.15. The San Diego Superior Court agreed, and by order dated May 2, 2014, it dismissed the insurer’s untimely lawsuit. In its ruling, the Court concluded, “[h]aving taken judicial notice of the [notices of completion] (NOCs) and the date the original complaint in this case was filed, it can be determined that this action was filed more than 10 years after the recordation of the NOCs. . . . Based on the above findings, the Court concludes that this action was untimely filed and the demurrer is sustained.”

Corporate Structuring, Planning And Protection Of Intellectual Property Of Premium Organic Juice Manufacturer In U.S. And International Markets

The firm structured and planned new business with placement in major national retailers. Negotiated and managed corporate transactions from formation to raising capital and debt for major equipment. Negotiated commercial lease and counseled client regarding labor and employment procedures. Successfully registered client brand name in U.S. for protection of client intellectual property from conflicting or competing uses. Evaluated, planned and managed application process for client registration of additional brands, logos, product names and label design for over 20 products in the U.S., Canada and the 27 countries comprising the European Union.

Seminars

Federal/State Small Business Programs and Teaming To Win Projects

April 8, 2015: Presented by David S. Demian and Kelly A. Floyd. This course will provide an overview of all the small business programs and latest trends in enforcement and avoiding false claims liability. Attendees will have an understanding of the small and disadvantaged business designations in use for local, state and federal projects, have an understanding of "affiliation", and the use of a checklist of issues and pitfalls when working for and teaming with small and disadvantaged businesses.

Federal/State Small Business Programs and Teaming to Win Projects

August 26, 2014: Presented by David S. Demian and Kelly A. Floyd. This course will provide an overview of all the small business programs and latest trends in enforcement and avoiding false claims liability.