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Image of Kelly A. Floyd, an attorney at Finch, Thornton & Baird, LLP.

Kelly A. Floyd

Attorney

Kelly’s broad practice involves construction litigation, business litigation and transactions, and intellectual property. His litigation experience, sound judgement, and persuasive oral skills consistently lead to prudent decision-making and optimal results.

(858) 737-3100, Ext. 3034

(858) 737-3101

Kelly Floyd is an aggressive business advocate, negotiator, and litigator who works with business owners, officers, and management.  His broad practice involves expertise in construction litigation, general business and commercial litigation, business transactions, contract review, trademark registration and litigation, contractor’s licensing issues, and small business certifications.  Kelly’s clients include general contractors, subcontractors, construction managers, owner-developers, established businesses, and start-ups.

BREACH-OF-CONTRACT DISPUTES

Kelly regularly represents construction industry clients in a variety of disputes.  Payment disputes between general contractors and project owners, general contractors and subcontractors, or subcontractors and suppliers are common — as are unreasonable payment demands by subcontractors or suppliers.  Kelly also handles wrongful or premature termination matters, including termination without cause and wrongful termination resulting from owner-caused issues.  Clients rely on Kelly’s years of construction claims experience and good judgment for prompt, cost-effective resolutions of their disputes.

DELAY AND EXTRA WORK CLAIMS

For general contractors and subcontractors, payment disputes, delay, and extra-work claims are common.  Typical causes include defective plans, design, specifications, or calculations, as well as mismanagement by construction managers and project owners.  Kelly’s knowledge of the many construction issues that cause delays and his command of the documentation needed to prove responsibility is invaluable.  Using his experience and good judgment, Kelly provides strategic recommendations on how best to protect the client’s rights and moves methodically toward settlement and getting our client paid.

BUSINESS DISPUTES AND GENERAL CIVIL LITIGATION

In addition to his construction law clientele, Kelly represents business owners and shareholders in general litigation matters.  He is well-versed in handling shareholder disputes relating to distributions or the sale of a business and has been successful in the prosecution and defense of claims relating to real estate, life insurance proceeds, and other business issues.  Guided by a clear understanding of his client’s goals, Kelly’s litigation experience, sound judgment, and persuasive oral skills consistently lead to prudent decision-making and optimal results.

TRADEMARK REGISTRATION AND LITIGATION

Kelly routinely handles trademark registration matters with the U.S. Patent and Trademark Office and State of California for the firm’s clients.  He is experienced in defending trademark infringement allegations and stopping third parties from infringing our clients’ trademark rights.  Our firm has the tools necessary to vet potential trademark conflicts, obtain registration, and make the process simple.

CONTRACTOR’S LICENSING ISSUES

Our clients routinely need an attorney to help them obtain a contractor’s license or to quickly make changes to an existing one.  From original license applications to changing the qualifier or entity type, obtaining exam waivers, or adding classifications, you can rely on Kelly to expedite the process.  With specialized knowledge of contractor licensing laws, he has handled the entire process in California, Nevada, Arizona, and New Mexico so contractors can continue working or be ready to begin new projects quickly.

  • Construction litigation
  • Mechanic’s liens, stop payment notices, and payment bond claims
  • Delay, inefficiency, and extra work claims
  • Transactional matters, including drafting, reviewing, and negotiating business contracts and, in particular, construction agreements
  • Federal claims and procurement disputes including Miller Act claims, Contract Disputes Act claims, and GAO protests
  • Trademark registration and litigation
Insurance Company – Collections and 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.

Counsel: P. Randolph Finch Jr. and Kelly A. Floyd

David Bahena v. KTA Construction, Inc.

A bicyclist sued the firm’s client for personal injuries from a bicycle accident that occurred in an alley near an open meter box maintained by the City of San Diego. During discovery, it was confirmed that the accident did not implicate the client or its work for the City. After presenting plaintiff’s counsel with overwhelming evidence that the accident did not occur anywhere near the client’s work area, plaintiff dismissed his lawsuit with prejudice for a waiver of costs.

Counsel: Dustin R. Jones, David W. Smiley, and Kelly A. Floyd

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.

Counsel: P. Randolph Finch Jr.Andrea L. Petray, and Kelly A. Floyd

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.

Counsel: Jeffrey B. Baird and Kelly A. Floyd

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.

Counsel: Louis J. Blum and Kelly A. Floyd

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.

Counsel: Louis J. Blum and Kelly A. Floyd

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.

Counsel: P. Randolph Finch Jr., Louis J. Blum, and Kelly A. Floyd

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.

Counsel: Louis J. Blum and Kelly A. Floyd

Zurich Specialties London Limited v. A&D Fire Protection, et al.

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.”

San Diego Superior Court Case No. 37-2013-00048004-CU-BC-CTL

Counsel: David W. Smiley and Kelly A. Floyd

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 30 products in the U.S., Canada, the European Union, and various other countries.

Counsel: David S. Demian, Chad T. Wishchuk, Allison N. Lantz, and Kelly A. Floyd

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.

Counsel: Kelly A. Floyd

Kelly Floyd is an aggressive business advocate, negotiator, and litigator who works with business owners, officers, and management.  His broad practice involves expertise in construction litigation, general business and commercial litigation, business transactions, contract review, trademark registration and litigation, contractor’s licensing issues, and small business certifications.  Kelly’s clients include general contractors, subcontractors, construction managers, owner-developers, established businesses, and start-ups.

BREACH-OF-CONTRACT DISPUTES

Kelly regularly represents construction industry clients in a variety of disputes.  Payment disputes between general contractors and project owners, general contractors and subcontractors, or subcontractors and suppliers are common — as are unreasonable payment demands by subcontractors or suppliers.  Kelly also handles wrongful or premature termination matters, including termination without cause and wrongful termination resulting from owner-caused issues.  Clients rely on Kelly’s years of construction claims experience and good judgment for prompt, cost-effective resolutions of their disputes.

DELAY AND EXTRA WORK CLAIMS

For general contractors and subcontractors, payment disputes, delay, and extra-work claims are common.  Typical causes include defective plans, design, specifications, or calculations, as well as mismanagement by construction managers and project owners.  Kelly’s knowledge of the many construction issues that cause delays and his command of the documentation needed to prove responsibility is invaluable.  Using his experience and good judgment, Kelly provides strategic recommendations on how best to protect the client’s rights and moves methodically toward settlement and getting our client paid.

BUSINESS DISPUTES AND GENERAL CIVIL LITIGATION

In addition to his construction law clientele, Kelly represents business owners and shareholders in general litigation matters.  He is well-versed in handling shareholder disputes relating to distributions or the sale of a business and has been successful in the prosecution and defense of claims relating to real estate, life insurance proceeds, and other business issues.  Guided by a clear understanding of his client’s goals, Kelly’s litigation experience, sound judgment, and persuasive oral skills consistently lead to prudent decision-making and optimal results.

TRADEMARK REGISTRATION AND LITIGATION

Kelly routinely handles trademark registration matters with the U.S. Patent and Trademark Office and State of California for the firm’s clients.  He is experienced in defending trademark infringement allegations and stopping third parties from infringing our clients’ trademark rights.  Our firm has the tools necessary to vet potential trademark conflicts, obtain registration, and make the process simple.

CONTRACTOR’S LICENSING ISSUES

Our clients routinely need an attorney to help them obtain a contractor’s license or to quickly make changes to an existing one.  From original license applications to changing the qualifier or entity type, obtaining exam waivers, or adding classifications, you can rely on Kelly to expedite the process.  With specialized knowledge of contractor licensing laws, he has handled the entire process in California, Nevada, Arizona, and New Mexico so contractors can continue working or be ready to begin new projects quickly.

  • Construction litigation
  • Mechanic’s liens, stop payment notices, and payment bond claims
  • Delay, inefficiency, and extra work claims
  • Transactional matters, including drafting, reviewing, and negotiating business contracts and, in particular, construction agreements
  • Federal claims and procurement disputes including Miller Act claims, Contract Disputes Act claims, and GAO protests
  • Trademark registration and litigation
Insurance Company – Collections and 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.

Counsel: P. Randolph Finch Jr. and Kelly A. Floyd

David Bahena v. KTA Construction, Inc.

A bicyclist sued the firm’s client for personal injuries from a bicycle accident that occurred in an alley near an open meter box maintained by the City of San Diego. During discovery, it was confirmed that the accident did not implicate the client or its work for the City. After presenting plaintiff’s counsel with overwhelming evidence that the accident did not occur anywhere near the client’s work area, plaintiff dismissed his lawsuit with prejudice for a waiver of costs.

Counsel: Dustin R. Jones, David W. Smiley, and Kelly A. Floyd

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.

Counsel: P. Randolph Finch Jr.Andrea L. Petray, and Kelly A. Floyd

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.

Counsel: Jeffrey B. Baird and Kelly A. Floyd

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.

Counsel: Louis J. Blum and Kelly A. Floyd

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.

Counsel: Louis J. Blum and Kelly A. Floyd

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.

Counsel: P. Randolph Finch Jr., Louis J. Blum, and Kelly A. Floyd

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.

Counsel: Louis J. Blum and Kelly A. Floyd

Zurich Specialties London Limited v. A&D Fire Protection, et al.

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.”

San Diego Superior Court Case No. 37-2013-00048004-CU-BC-CTL

Counsel: David W. Smiley and Kelly A. Floyd

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 30 products in the U.S., Canada, the European Union, and various other countries.

Counsel: David S. Demian, Chad T. Wishchuk, Allison N. Lantz, and Kelly A. Floyd

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.

Counsel: Kelly A. Floyd

Kelly’s broad practice involves construction litigation, business litigation and transactions, and intellectual property. His litigation experience, sound judgement, and persuasive oral skills consistently lead to prudent decision-making and optimal results.

(858) 737-3100, Ext. 3034

(858) 737-3101

  • Construction Law
    • Claims & Disputes
    • Local Agency, Municipal & State Contracts
    • Federal Procurement & Claims
    • Prime Contracts & Subcontracts
    • Real Estate
    • Corporate
    • Collections
    • Insurance Defense
  • Business & Commercial Transactions
  • Business & Commercial Litigation
  • Intellectual Property
  • California: State Courts
  • U.S. District Courts of California: Central, Southern
  • U.S. District Courts of Mississippi: Southern
  • University of San Diego School of Law, J.D., cum laude
    • Law Review
    • Order of the Coif
  • University of California, San Diego, B.S., International Studies and Political Science
  • State Bar of California
  • San Diego County Bar Association
  • San Diego Rising Star 2018 and 2019 by Super Lawyers Magazine

Mr. Floyd is an accomplished public speaker and regularly addresses the construction community on a range of legal, training and educational topics:

Federal/State Small Business Programs and Teaming to Win Projects

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