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Finch, Thornton & Baird, LLP attorney Daniel R. Spencer.

Daniel R. Spencer

Attorney

Daniel finds creative solutions to complex problems, and he brings strong analytical, writing, and advocacy skills to the representation of Finch, Thornton & Baird, LLP clients. This awareness helps Daniel calm client frustrations, minimize or mitigate disputes, and accelerate amicable settlements.

(858) 737-3100, Ext. 3033

(858) 737-3101

Daniel Spencer’s practice focuses on construction claims and disputes, federal procurement and claims, collection remedies, contract requirements, and other construction-related litigation and transactions for general contractors, owners, developers, specialty subcontractors, and material suppliers.

Shaped by a resume rich in engineering, technology, and business administration education — combined with work experience for two Fortune 500 government contractors — Daniel is well-prepared to address the business challenges and legal issues of our construction clientele.  His exacting approach to critical task management and resolution aligns well with the firm’s aggressive representation style.

DELAY, INEFFICIENCY, AND EXTRA WORK CLAIMS

Construction project participants regularly suffer the monetary and operational pains caused by delays, design mistakes, project inefficiencies, interferences, and other unforeseen issues.  Years spent working with Navy construction managers informs Daniel’s understanding of the questions to ask, what information to obtain, and which legal strategies to deploy.  This helps ease client concerns, contain disputes, and accelerate the resolution process.

LIENS, STOP PAYMENT NOTICES, AND BOND CLAIMS

General contractors, subcontractors, and business owners understand the frustrations caused by delayed, disputed, or withheld payments — including the consequences if claims are not promptly and properly resolved. Daniel’s resourcefulness helps produce the case-winning support needed to weaken or disprove opposing counsel’s claims, and to strengthen the firm’s clients’ positions.

FEDERAL PROCUREMENT AND CLAIMS

Federal prime contractors and subcontractors know that achieving success in the highly regulated federal construction arena can be a challenge.  Payment disputes with the government or between subcontractors and prime contractors are common.  Whether he is coordinating schedule, design, accounting, or construction experts, or evaluating a potential request for equitable adjustment, Daniel proceeds purposefully to get the job done — and done right.

COLLECTIONS

General contractors, design-builders, and construction managers often encounter payment delays from project owners.  In turn, trade subcontractors suffer from not being paid their contract balance or for extra work performed for the general contractor or owner.  Daniel offers experience in securing collections payments through a variety of methods — all of which are aimed on maximizing recovery through early resolution and fast collections.

SERVICE EXCELLENCE TO THE CORE

Prior to joining Finch, Thornton & Baird, LLP, Mr. Spencer served in the Navy’s Facilities Engineering Command for five years, working closely with the Office of Legal Counsel.  He then attended the U.S. Marine Corps Officer Candidates School where he graduated at the top of his class with honors.  “I live by the Pareto principle, identifying the essential task among a bundle of tasks and laser-focusing maximal effort on that critical task to drive down client costs while increasing favorable results,” says Daniel.  Mr. Spencer continues his service as a JAG Officer in the U.S. Marine Corps Reserves.

  • Construction litigation
  • Public and private works disputes
  • Delay, inefficiency, and extra work claims
  • Construction defect and defective work claims
  • Local, state, federal, and private collection, and bond actions
  • Coordination with schedule, design, accounting, and subject matter experts on construction claims
  • Contract defaults
  • Stop payment notices
  • Payment bond claims
  • Request for equitable adjustments (REAs)
  • Federal Bid Protests
  • Small Business Administration (SBA) size protests
  • Miller Act Claims
  • Surety obligations
  • General business litigation
  • Real property
  • Landlord/tenant disputes
  • Arbitration
Trade Subcontractor Dismissed From A 15-Home Construction Defect Case In Nevada

The firm represented a decorative stone veneer installation and manufacturing company in a construction defect case arising from a massive housing development project located in Las Vegas, Nevada.  Fifteen homeowner plaintiffs discovered various construction defects in their homes and sued the developer for the costs of repairs and legal fees.  The home developer promptly tendered its defense to the stone installation contractor and other subcontractors — threatening to embroil them in a years-long statutory claims process.

LEGAL INGENUITY PREVAILS IN ACCELERATING A SETTLEMENT.

Using a recently enacted statutory exception, requiring a showing of resultant damage from defects, the firm successfully argued that the client’s decorative stone veneer work on the homes did not cause resultant damage giving rise to an actionable construction defect claim under Nevada law.  Based on this, the firm successfully negotiated the client’s no-cost dismissal from the case.

Counsel: David W. Smiley and Daniel R. Spencer

Daniel Spencer’s practice focuses on construction claims and disputes, federal procurement and claims, collection remedies, contract requirements, and other construction-related litigation and transactions for general contractors, owners, developers, specialty subcontractors, and material suppliers.

Shaped by a resume rich in engineering, technology, and business administration education — combined with work experience for two Fortune 500 government contractors — Daniel is well-prepared to address the business challenges and legal issues of our construction clientele.  His exacting approach to critical task management and resolution aligns well with the firm’s aggressive representation style.

DELAY, INEFFICIENCY, AND EXTRA WORK CLAIMS

Construction project participants regularly suffer the monetary and operational pains caused by delays, design mistakes, project inefficiencies, interferences, and other unforeseen issues.  Years spent working with Navy construction managers informs Daniel’s understanding of the questions to ask, what information to obtain, and which legal strategies to deploy.  This helps ease client concerns, contain disputes, and accelerate the resolution process.

LIENS, STOP PAYMENT NOTICES, AND BOND CLAIMS

General contractors, subcontractors, and business owners understand the frustrations caused by delayed, disputed, or withheld payments — including the consequences if claims are not promptly and properly resolved.  Daniel’s resourcefulness helps produce the case-winning support needed to weaken or disprove opposing counsel’s claims, and to strengthen the firm’s clients’ positions.

FEDERAL PROCUREMENT AND CLAIMS

Federal prime contractors and subcontractors know that achieving success in the highly regulated federal construction arena can be a challenge.  Payment disputes with the government or between subcontractors and prime contractors are common.  Whether he is coordinating schedule, design, accounting, or construction experts, or evaluating a potential request for equitable adjustment, Daniel proceeds purposefully to get the job done — and done right.

COLLECTIONS

General contractors, design-builders, and construction managers often encounter payment delays from project owners.  In turn, trade subcontractors suffer from not being paid their contract balance or for extra work performed for the general contractor or owner.  Daniel offers experience in securing collections payments through a variety of methods — all of which are aimed on maximizing recovery through early resolution and fast collections.

SERVICE EXCELLENCE TO THE CORE

Prior to joining Finch, Thornton & Baird, LLP, Mr. Spencer served in the Navy’s Facilities Engineering Command for five years, working closely with the Office of Legal Counsel.  He then attended the U.S. Marine Corps Officer Candidates School where he graduated at the top of his class with honors.  “I live by the Pareto principle, identifying the essential task among a bundle of tasks and laser-focusing maximal effort on that critical task to drive down client costs while increasing favorable results,” says Daniel.  Mr. Spencer continues his service as a JAG Officer in the U.S. Marine Corps Reserves.

  • Construction litigation
  • Public and private works disputes
  • Delay, inefficiency, and extra work claims
  • Construction defect and defective work claims
  • Local, state, federal, and private collection, and bond actions
  • Coordination with schedule, design, accounting, and subject matter experts on construction claims
  • Contract defaults
  • Stop payment notices
  • Payment bond claims
  • Request for equitable adjustments (REAs)
  • Federal Bid Protests
  • Small Business Administration (SBA) size protests
  • Miller Act Claims
  • Surety obligations
  • General business litigation
  • Real property
  • Landlord/tenant disputes
  • Arbitration
Trade Subcontractor Dismissed From A 15-Home Construction Defect Case In Nevada

The firm represented a decorative stone veneer installation and manufacturing company in a construction defect case arising from a massive housing development project located in Las Vegas, Nevada.  Fifteen homeowner plaintiffs discovered various construction defects in their homes and sued the developer for the costs of repairs and legal fees.  The home developer promptly tendered its defense to the stone installation contractor and other subcontractors — threatening to embroil them in a years-long statutory claims process.

LEGAL INGENUITY PREVAILS IN ACCELERATING A SETTLEMENT.

Using a recently enacted statutory exception, requiring a showing of resultant damage from defects, the firm successfully argued that the client’s decorative stone veneer work on the homes did not cause resultant damage giving rise to an actionable construction defect claim under Nevada law.  Based on this, the firm successfully negotiated the client’s no-cost dismissal from the case.

Counsel: David W. Smiley and Daniel R. Spencer

Shaped by a resume rich in engineering, technology, and business administration education — combined with work experience for two Fortune 500 government contractors — Daniel is well-prepared to address the business challenges and legal issues of our construction clientele. 

(858) 737-3100, Ext. 3033

(858) 737-3101

Sarah R. Faller
Senior Legal Secretary
  • Construction Law
    • Claims & Disputes
    • Local Agency, Municipal & State Contracts
    • Federal Procurement & Claims
    • Prime Contracts & Subcontracts
    • Collections
  • Business & Commercial Litigation
  • Business & Commercial Transactions
  • California: State Courts
  • William & Mary Law School, J.D., with honors
    • Articles Editor and Notes Editor, Environmental Law and Policy Review
    • Member, Business Law Society and Intellectual Property Society
    • Chief of Staff, Center for Legal and Court Technology
  • Point Loma Nazarene University, B.A., Business Administration and Finance, summa cum laude
  • University of California, San Diego, general education, Aerospace Engineering
  • The Apprentice Trade School, Operations Certificate in construction management and planning
  • State Bar of California
  • Consumer Attorneys of San Diego
  • Los Angeles County Bar Association
  • Alpha Chi Omega Honors Society
  • Volunteer coach and judge for mock trial and debate
  • Veterans Affairs legal clinic volunteer
  • Co-founder, Pacific Bookshare Southwest for literacy advocacy in underserved communities
  • Thousand Pound Club member and competitive powerlifter
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