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Finch, Thornton & Baird, LLP attorney Justin Stoger.

Justin M. Stoger

Attorney

Justin’s aggressive approach is steadily aimed at bringing swift and efficient resolution to client issues — not costly, time-intensive litigation. That is what gets my clients back to doing what they do best … construction.

(858) 737-3100, Ext. 3025

(858) 737-3101

Justin Stoger is a highly effective litigator, negotiator, and business advisor whose practice focuses on all aspects of construction law, plus business and commercial litigation, and liability defense.  He primarily works with owners, presidents, executive management, project managers, superintendents, and foremen of general contracting and subcontracting firms.  The balance of Justin’s focus is on commercial litigation and dispute resolution for business owners.  He handles all aspects of litigation — from commencement through trial, appeal, and post-judgment enforcement — for large and small contractors alike.

CLAIMS AND DISPUTES

Justin’s detailed knowledge of construction is indispensable and puts him on the fast track to tackle a broad range of legal and operational disputes.  Practical yet open minded to outside-the-box solutions, Justin’s aggressive approach is steadily aimed at maximizing monetary recoveries as efficiently and cost-effectively as possible.  “Bringing swift resolution to client issues — not costly, time-intensive litigation — is what gets my clients back to doing what they do best . . . construction.”

BUSINESS AND REAL ESTATE DISPUTES AND LITIGATION

Justin works with owners, buyers, sellers, and their related business partners in matters ranging from disputes over goods and services to defective materials claims.  Again, Justin’s ability to identify critical fact patterns, combined with his understanding of the business environments in which his clients operate, helps to shape recommended legal strategies.  The benefits of Justin’s expertise are threefold: Problems are resolved expeditiously.  Clients get paid.  And focus is returned to the client’s core business.

LOCAL AGENCY, MUNICIPAL, AND STATE CONTRACTS

General contractors and subcontractors of public works face many challenges to their productivity and profitability goals.  Among these include losing out on project bids, delays caused by design problems, and, most painfully, not getting paid.  Justin is well-versed in the Public Contract Code and the process for submitting claims.  His background with public agencies and how they work is invaluable.  It all adds up to Justin Stoger being a name to remember when your public works construction problems demand a smart, aggressive legal partner and business advisor.

COLLECTIONS AND MECHANICS LIENS

Most general contractors and subcontractors of private works understand all too well the frustration that comes from performing the work and then not being paid.  Sadly, this business-breaking predicament has left more than a few good construction firms in ruins.  It is also why Justin’s deep knowledge of mechanics’ lien law and stop payment notice rights is worth remembering.  It empowers Justin to secure clients’ rights or attach the owners’ construction funds.  The sooner we can lien a project, or take other steps to secure your rights, the greater our leverage to obtain the compensation you deserve.

CONTRACT DRAFTING AND REVIEW

For many construction firms, the cost of quality legal advice on contract drafting can be prohibitive.  Fortunately, years of contract drafting and negotiating experience enables Justin to quickly identify areas of risk, accelerate the review process, draft protective language, and minimize expense.  As all Finch, Thornton & Baird attorneys know well, the ability to foresee the rigor of litigation provides the perfect perspective for drafting and negotiating contract terms.

  • Public and private works construction litigation
  • Public works of improvement and government contracts, including projects with local public agencies, cities, counties, state agencies, and federal government
  • Coordination with schedule, design, accounting, and subject matter experts on construction claims
  • Delay, inefficiency, and extra work claims
  • Differing site conditions
  • Mechanic’s liens and lien foreclosures
  • Stop payment notices
  • Payment bond claims
  • Performance bond claims
  • Contract defaults
  • Liability defense
  • Insurance defense
  • Breach of contract
  • Surety obligations
  • Requests for equitable adjustments (REAs)
  • Contract Disputes Act claims
  • Counsel on specialized delivery methods, including lease-leaseback and construction management at-risk projects
  • Local, state, and federal bid protests and enforcement
  • General business and commercial litigation
  • Debt collection and defense
Prime Contractor Recovers Judgment Against the U.S. Army Corps of Engineers

The firm represented a prime contractor in an action against the U.S. Army Corps of Engineers (USACE) before the Armed Services Board of Contract Appeals (ASBCA) that resulted in judgment.  The client performed work on two projects for the Department of Veterans Affairs administered by the USACE – a $3.8 million contract to rehabilitate a transition center and a $7.4 million contract for the expansion of a research facility.  The USACE made numerous design changes which increased the scope of the client’s work on the rehabilitation project and significantly delayed construction, but refused to pay for the additional work and time-related costs.  On the research facility, the USACE issued multiple unilateral time extensions due to government-caused delay, but again refused to compensate the client for its time-related costs.

The firm helped the client prepare certified claims on both projects, and later, filed appeals with the ASBCA.  After the USACE unsuccessfully moved to dismiss the appeals, the firm attempted resolution early in the litigation.  Early attempts at settlement were ignored, so the firm pressured the USACE with written discovery and sought depositions of USACE personnel.  Prompted by this discovery and the prospect of being forced to a hearing, the USACE agreed to pay $550,000 before the close of discovery.  A consent judgment was entered and the client was paid within 60 days.​

Counsel: Jason R. Thornton and Justin M. Stoger

General Contractor v. Private Multi-Residential Project Owner

The firm represented the general contractor in pursuit of its contract balance and additional time-related costs incurred on a multi-residential apartment project.

Owner in denial.

The owner withheld the entirety of the contractor’s contract balance claiming extensive project delays and resulting liquidated damages. The owner refused to accept responsibility for delays caused by extra work and defective plans, forcing the firm to file suit for the general contractor.

Legal action results in $1.5 million negotiated settlement.

Following a thorough analysis of project documents, extensive written discovery and limited depositions, the firm retained a scheduling expert and presented a detailed trial-ready schedule analysis which demonstrated, as the firm had argued from the outset of the dispute, the owner was responsible for delay. The owner’s assessment of liquidated damages was meritless. The firm ultimately negotiated a $1.5 million settlement payment from the owner to the general contractor after several rounds of mediation.

Counsel: Jason R. Thornton and Justin M. Stoger

Justin Stoger is a highly effective litigator, negotiator, and business advisor whose practice focuses on all aspects of construction law, plus business and commercial litigation, and liability defense.  He primarily works with owners, presidents, executive management, project managers, superintendents, and foremen of general contracting and subcontracting firms.  The balance of Justin’s focus is on commercial litigation and dispute resolution for business owners.  He handles all aspects of litigation — from commencement through trial, appeal, and post-judgment enforcement — for large and small contractors alike.

CLAIMS AND DISPUTES

Justin’s detailed knowledge of construction is indispensable and puts him on the fast track to tackle a broad range of legal and operational disputes.  Practical yet open minded to outside-the-box solutions, Justin’s aggressive approach is steadily aimed at maximizing monetary recoveries as efficiently and cost-effectively as possible.  “Bringing swift resolution to client issues — not costly, time-intensive litigation — is what gets my clients back to doing what they do best . . . construction.”

BUSINESS AND REAL ESTATE DISPUTES AND LITIGATION

Justin works with owners, buyers, sellers, and their related business partners in matters ranging from disputes over goods and services to defective materials claims.  Again, Justin’s ability to identify critical fact patterns, combined with his understanding of the business environments in which his clients operate, helps to shape recommended legal strategies.  The benefits of Justin’s expertise are threefold: Problems are resolved expeditiously.  Clients get paid.  And focus is returned to the client’s core business.

LOCAL AGENCY, MUNICIPAL, AND STATE CONTRACTS

General contractors and subcontractors of public works face many challenges to their productivity and profitability goals.  Among these include losing out on project bids, delays caused by design problems, and, most painfully, not getting paid.  Justin is well-versed in the Public Contract Code and the process for submitting claims.  His background with public agencies and how they work is invaluable.  It all adds up to Justin Stoger being a name to remember when your public works construction problems demand a smart, aggressive legal partner and business advisor.

COLLECTIONS AND MECHANICS LIENS

Most general contractors and subcontractors of private works understand all too well the frustration that comes from performing the work and then not being paid.  Sadly, this business-breaking predicament has left more than a few good construction firms in ruins.  It is also why Justin’s deep knowledge of mechanics’ lien law and stop payment notice rights is worth remembering.  It empowers Justin to secure clients’ rights or attach the owners’ construction funds.  The sooner we can lien a project, or take other steps to secure your rights, the greater our leverage to obtain the compensation you deserve.

CONTRACT DRAFTING AND REVIEW

For many construction firms, the cost of quality legal advice on contract drafting can be prohibitive.  Fortunately, years of contract drafting and negotiating experience enables Justin to quickly identify areas of risk, accelerate the review process, draft protective language, and minimize expense.  As all Finch, Thornton & Baird attorneys know well, the ability to foresee the rigor of litigation provides the perfect perspective for drafting and negotiating contract terms.

  • Public and private works construction litigation
  • Public works of improvement and government contracts, including projects with local public agencies, cities, counties, state agencies, and federal government
  • Coordination with schedule, design, accounting, and subject matter experts on construction claims
  • Delay, inefficiency, and extra work claims
  • Differing site conditions
  • Mechanic’s liens and lien foreclosures
  • Stop payment notices
  • Payment bond claims
  • Performance bond claims
  • Contract defaults
  • Liability defense
  • Insurance defense
  • Breach of contract
  • Surety obligations
  • Requests for equitable adjustments (REAs) n Contract Disputes Act claims
  • Counsel on specialized delivery methods, including lease-leaseback and construction management at-risk projects
  • Local, state, and federal bid protests and enforcement
  • General business and commercial litigation
  • Debt collection and defense
Prime Contractor Recovers Judgment Against the U.S. Army Corps of Engineers

The firm represented a prime contractor in an action against the U.S. Army Corps of Engineers (USACE) before the Armed Services Board of Contract Appeals (ASBCA) that resulted in judgment.  The client performed work on two projects for the Department of Veterans Affairs administered by the USACE – a $3.8 million contract to rehabilitate a transition center and a $7.4 million contract for the expansion of a research facility.  The USACE made numerous design changes which increased the scope of the client’s work on the rehabilitation project and significantly delayed construction, but refused to pay for the additional work and time-related costs.  On the research facility, the USACE issued multiple unilateral time extensions due to government-caused delay, but again refused to compensate the client for its time-related costs.

The firm helped the client prepare certified claims on both projects, and later, filed appeals with the ASBCA.  After the USACE unsuccessfully moved to dismiss the appeals, the firm attempted resolution early in the litigation.  Early attempts at settlement were ignored, so the firm pressured the USACE with written discovery and sought depositions of USACE personnel.  Prompted by this discovery and the prospect of being forced to a hearing, the USACE agreed to pay $550,000 before the close of discovery.  A consent judgment was entered and the client was paid within 60 days.​

Counsel: Jason R. Thornton and Justin M. Stoger

General Contractor v. Private Multi-Residential Project Owner

The firm represented the general contractor in pursuit of its contract balance and additional time-related costs incurred on a multi-residential apartment project.

Owner in denial.

The owner withheld the entirety of the contractor’s contract balance claiming extensive project delays and resulting liquidated damages. The owner refused to accept responsibility for delays caused by extra work and defective plans, forcing the firm to file suit for the general contractor.

Legal action results in $1.5 million negotiated settlement.

Following a thorough analysis of project documents, extensive written discovery and limited depositions, the firm retained a scheduling expert and presented a detailed trial-ready schedule analysis which demonstrated, as the firm had argued from the outset of the dispute, the owner was responsible for delay. The owner’s assessment of liquidated damages was meritless. The firm ultimately negotiated a $1.5 million settlement payment from the owner to the general contractor after several rounds of mediation.

Counsel: Jason R. Thornton and Justin M. Stoger

Justin’s aggressive approach is steadily aimed at bringing swift and efficient resolution to client issues — not costly, time-intensive litigation. That is what gets my clients back to doing what they do best … construction.

(858) 737-3100, Ext. 3025

(858) 737-3101

Sarah R. Faller
Senior Legal Secretary
  • Construction Law
    • Claims & Disputes
    • Local Agency, Municipal & State Contracts
    • Federal Procurement & Claims
    • Project Counsel
    • Prime Contracts & Subcontracts
    • Collections
    • Insurance Defense
  • Business & Commercial Litigation
  • California: State Courts
  • U.S. District Courts of California: Central, Eastern, Northern, Southern
  • New York: State Courts
  • U.S. District Courts of New York: Eastern, Southern
  • University of Miami (Florida) School of Law, J.D., magna cum laude
    • Law Review
    • Dean’s Certificate of Achievement Award for Labor Law
  • Boston University, B.A., Sociology, cum laude
    • Varsity Football and Varsity Crew
  • State Bar of California
  • State Bar of New York
  • Volunteer coach
    • Rancho Bernardo Little League
    • Rancho Penasquitos Little League
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