Matthew D. Seeley

Attorney

Matt’s strong work ethic, attention to detail, and team-oriented nature fit right in at Finch, Thornton & Baird, LLP. He is also keenly aware of our clients’ propensity to focus on the business of construction and getting the job done.

Attorneys

zfrryrl@sgoynj.pbz

(858) 737-3100, Ext. 3030

(858) 737-3101

PROFILE

Matthew (Matt) Seeley works with in-house counsel, business owners, project executives, and managers to provide legal advice focused on construction law and real property. This includes matters involving public and private construction claims and disputes, insurance coverage, real estate, and commercial litigation. Clients include general contractors, subcontractors, engineering firms, and owners.

Matt’s strong work ethic, attention to detail, and team-oriented nature fit right in at Finch, Thornton & Baird, LLP. He is keenly aware of our clients’ propensity to focus on the business of construction and getting the job done. It is also why Matt’s ability to work efficiently is welcomed by clients seeking to achieve cost-effective objectives.

CLAIMS and disputes

Delays and disputes over contract interpretation, work delays, breach by subcontractors, and not being paid by owners are common. Matt understands that keeping critical subcontractors working on a project and minimizing the harmful effects of work slow-downs, stoppages, or litigation are part of an effective legal strategy.

MECHANIC’S LIEN, STOP PAYMENT NOTICE, AND BOND CLAIMS

Matt represents business and residential property owners on a variety of matters including tenant disputes, real estate transactions, and more. Attention to detail, strong research and writing skills, and an aptitude for innovative legal strategies serve Matt — and the firm’s clients — very well.

Federal Procurement and CLAIMS

The highly regulated federal construction domain presents frequent challenges to both federal prime contractors and subcontractors. Payment disputes with the government or between subcontractors and prime contractors are common. Matt works with contractors on issues relating to the Federal Acquisition Regulations, the Request for Equitable Adjustment (REA) process, and the Contract Disputes Act and Miller Act.

EXPERIENCE

Construction litigation
Public works of improvement and government contracts, including projects with local public agencies,
cities, counties, state agencies, and federal government
Delay, inefficiency, and extra work claims
Surety obligations
Mechanic’s liens
Stop payment notices

Payment bond claims
Performance bond claims
Transactional matters specializing in the drafting and review of construction project agreements and public procurement compliance
Local, state, and federal bid protests
General business litigation

RESULTS

Firm Represents Desalination Developer

October 27, 2023

October 27, 2023

The firm played central role in representing the lead developer and operator in negotiation of a $204 Million Design-Build-Operate Maintain contract for a seawater reverse osmosis desalination plant. Under the contract, the firm’s client will develop, permit, pilot, design, and construct the facility during the first 44 months of the project, and after commissioning, will operate and maintain the plant for the following 20 years and potentially during two five-year optional extensions.

Counsel: Daniel P. Scholz and Matthew D. Seeley

Successful Defense of Bid Protest – Client Awarded $4.5 Million Contract

June 9, 2023

June 9, 2023

The firm’s client was the low bidder on a multi-million dollar public works project involving improvements on a state highway for Caltrans. The third-lowest bidder protested, contending that the client’s bid was materially unbalanced and contained an unwaivable error related to listing an incorrect bid item number on the DVBE form.

The firm met Caltran’s short deadline for response and successfully defended against multiple protest letters from the third-lowest bidder. Based on the firm’s arguments, Caltrans denied the protest, and the contract, valued at approximately $4.5 million, was awarded to the firm’s client.

Counsel: P. Randolph Finch Jr., Daniel P. Scholz, and Matthew D. Seeley

General Contractor Awarded Contract After Bid Protest

April 1, 2022

April 1, 2022

The firm’s client was the second-low bidder on a public works contract for a Southern California city. In determining the lowest bidder, the city failed to apply its Local Business Preference Program adjustment to the client’s bid. The city’s program allowed for a 5 percent reduction to bids submitted by qualified local businesses. Application of the Local Business Preference Program’s 5 percent reduction to the client’s bid made it the lowest bid.

ATTORNEY INVOLVEMENT GETS THE CITY’S ATTENTION.

The client initially protested the unfavorable contract award themselves. After the city failed to respond, the client turned to Finch, Thornton & Baird, LLP.

The firm’s attorneys successfully protested the city’s decision not to apply the 5 percent reduction to the client’s bid. By identifying the intent behind the city’s Local Business Preference Program, the client’s qualifications for the program, and the city’s failure to strictly follow its municipal code, the city had no option but to accept the protest — and our client’s bid. Without so much as a hearing on the matter, the city reversed course and awarded the contract to the firm’s client.

Counsel: Daniel P. Scholz and Matthew D. Seeley