Cory P. DiBene

The firm represented a prime contractor on a lease-leaseback public work of improvement. One of the client’s suppliers submitted a six figure payment claim in excess of the base contract balance. The supplier also served a stop payment notice on the project’s owner. The client disputed the payment claim based on the contract terms with the supplier. The firm immediately engaged the supplier on the disputed payment claim. The firm negotiated with the supplier to waive the payment claim in its entirety. Without any alternative dispute resolution or litigation, the firm was able to secure a full release of the stop payment notice from the supplier. The client was then able to close out the supplier’s contract with a final payment only as to the base contract balance.

Counsel: Jeffrey B. Baird, Esq. and Cory P. DiBene, Esq. 

The firm’s electrical subcontractor client on an active public works project in Orange County was owed over $1,400,000.00 in outstanding progress payments. The firm immediately engaged pursuit of payment against the project’s general contractor. Within six (6) weeks and without litigation, the firm successfully recovered payment in full for all outstanding progress payments owed to the client.

Counsel: Cory P. DiBene, Esq. 

The firm was retained by an electrical subcontractor who had not timely received payment in full for subcontract retention owed on a public work of improvement in Orange County. The firm immediately served a stop payment notice to the public owner and served a public works payment bond claim to the general contractor’s surety. After engaging with the general contractor and surety, within five (5) business days of serving claims the firm’s client was paid in full for all retention without litigation.

Counsel: Cory P. DiBene, Esq. 

The Firm represented an owner-developer on a private work of improvement consisting of multiple apartment buildings. The owner-developer contracted directly with a design professional to provide various professional services at the project. The Firm represented the owner-developer in a claim against the design professional for alleged errors, omissions, mistakes, and negligence in the professional services rendered to the project. Based on such alleged deficiencies, the owner-developer incurred both re-work and extra work costs. The Firm settled the claim without litigation resulting in the owner-developer recouping 100% of re-work and extra work costs, in addition to recouping all attorneys’ fees and expert costs incurred.

Counsel: Jeffrey B. Baird, Esq. and Cory P. DiBene, Esq. 

​The firm represented a subcontractor who had not received full payment for work performed on a large hotel construction project in downtown San Diego. To protect the subcontractor’s collection rights, the firm recorded a mechanic’s lien against the hotel property for slightly more than $1,500,000 and served a bonded stop payment notice on the project’s construction lender. The subcontractor’s payment dispute included more than 370 outstanding or contested change order claims. The firm conducted extensive oral and written discovery with both the general contractor and the property owner regarding the subcontractor’s claims. Following percipient witness discovery, the firm successfully negotiated a settlement for its client. The settlement payments—totaling over $2,200,000—were guaranteed by the general contractor’s surety.​

Counsel: P. Randolph Finch Jr., Jeffrey B. Baird, and Cory P. DiBene

The firm represented a mechanical subcontractor with claims for work on a large private development in Palm Springs, California.  The Project Owner and General Contractor were in a dispute unrelated to the client’s work.  The Firm acted quickly to secure the client’s rights to undisputed payment and immediately recorded a mechanics lien and served a bonded stop payment notice.  Without any litigation, the Firm’s client was  paid 100% in full for all work performed and obtained a release from the General Contractor.

Counsel: Cory P. DiBene

The firm represented a multi-national prime contractor on a telecommunications infrastructure project spanning across multiple states.  The firm’s client received claims from its subcontractor during the project in excess of $1,400,000, for what the subcontractor contended were amounts owed for changed scope, delays, and inefficiencies on the project.  The firm immediately began investigating the issues of entitlement and quantum concerning the subcontractor’s claims as part of the pre-litigation dispute resolution process.  The firm’s investigation revealed significant deficiencies with the subcontractor’s claims.  Within a few months of the firm’s engagement, the prime contractor, without litigation, obtained resolution of the subcontractor’s claims for far less than anticipated defense costs.

Counsel: Jeffrey B. Baird and Cory P. DiBene

Client design-builder had an approximately $14 million dispute with its concrete subcontractor related to construction of a large airport rental car facility.  The subcontractor attempted several variations of mechanic’s liens against what it alleged was a leasehold interest held by the private developer financing the project and client design-builder.  The firm challenged the propriety and validity of the liens in court as they improperly imposed a lien on public property or stated a claim against a non-existent private property interest.  The court granted the firm’s challenges and awarded the client its attorneys’ fees.  The successful challenge of the liens contributed to an early favorable settlement in the concurrent arbitration proceedings between the parties which avoided significant litigation costs.

Counsel: Jeffrey B. Baird, Kelly A. Floyd, and Cory P. DiBene