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Thomas E. Diamond

Attorney

Meticulous and thorough, Thomas examines every issue from multiple angles-a disciplined approach that exposes both the strengths and vulnerabilities of any legal position. He is decisive in separating what can be done from what should be done, always pushing for the most practical and effective solutions.

Attorneys

(858) 737-3100, Ext. 3116

(858) 737-3101

Thomas Diamond works with business owners, executives, and in-house counsel to provide legal expertise in construction law, business and commercial litigation, and government and regulatory law.  His construction practice focuses on bringing effective and efficient resolution to matters involving public and private works disputes, surety bond claims, and collections.  Thomas also works with both large and small businesses, and individuals, on a variety of general business and commercial disputes.

Mr. Diamond’s strengths include the readiness to apply the effort necessary to master complex topics and to simplify them into their basic components. Both cautious and meticulous, Thomas strives to see every issue from all sides; a practice that results in a better understanding of the strengths — and weaknesses — of a legal position. He also recognizes the difference between what is possible and what is practical. These are worthy qualities for an attorney to have in a profession for which it is prudent to remain a step ahead.

CLAIMS AND DISPUTES

The construction arena presents many challenges for local, state, and federal prime contractors, and subcontractors seeking to pursue general contractors, project owners, and designers for recovery of extra work claims caused by design changes, delays, errors, and omissions.  Specialty subcontractors in electrical, grading and excavating, mechanical, and carpentry trades share similar payment pains caused by upstream project participants. Driven by his strong work ethic and penchant for detail — combined with the firm’s aggressive representation approach — Thomas produces positive resolutions and results.

COLLECTIONS

General contractors, design-builders, and construction managers frequently encounter payment delays from project owners. In turn, downstream trades suffer from not being paid their contract balance or for extra work performed.  Successfully resolving such payment claims requires skillful utilization of statutory remedies including liens and stop payment notices.  It is an area in which Thomas is achieving positive results.  Thomas also offers the ability to defend clients seeking to minimize their liability when they find themselves on the wrong end of a collections claim.

BUSINESS & COMMERCIAL LITIGATION

Working with general contractors, design-builders, construction managers, and insurance companies, Thomas’s practice also includes litigation.  Whether he is prosecuting to secure collections payments or defending clients so as to minimize liability, Thomas is determined in his approach.  Thorough due diligence, attention to detail, pragmatic cost analysis, and creative legal thinking lead the way — and are paramount to the success of Thomas and to the benefit of our clients.

  • Construction litigation
  • Public and private works disputes
  • Mechanic’s liens, stop payment notices, and payment bond claim
  • Subcontractor default issues
  • Commercial sales
  • General business litigation
  • Land use, planning, and development issues
Six Figure Recovery Following Landslide Caused by Neighbor’s Contractor

​​​Our firm represented a coastal landowner whose bluff property was damaged after a neighbor’s contractor blocked a key drainage system, diverting water and triggering a landslide. We sued for damages, asserted liability for the earth movement and resulting loss, and leveraged a six-figure settlement covering repair costs and legal fees. The firm also engaged and managed a contractor on our client’s behalf to execute repairs and oversaw the contract and project to ensure proper slope stabilization and full restoration of the property.

Counsel: P. Randolph Finch Jr.Andrea L. Petray, and Thomas E. Diamond 

Seven-Figure Recovery for Differing Site Condition on Cofferdam Floodwall Project

The firm represented a general contractor in pursuing claims against a local flood control agency for costs incurred due to inaccurate pre-bid subsurface data on a cofferdam floodwall project. The firm secured a seven-figure recovery and a full time extension for the client, compensating for extensive extra work performed as a result of differing site conditions.​

Counsel: P. Randolph Finch Jr., Andrea L. Petray, and Thomas E. Diamond

Specialty Subcontractor Recovers for Project Disruption and from General Contractor’s Builder’s Risk Policy After Catastrophic Loss

The firm represented a specialty subcontractor pursuing a general contractor for delay and disruption costs on a billion-dollar design-build highway expansion project. After obtaining a seven-figure payment from the general contractor, the firm pursued the general contractor’s builder’s risk policy for costs associated with a catastrophic failure of the subcontractor’s heavy equipment. After an initial denial of coverage, the firm obtained an additional seven-figure payment covering the full value of the claim.​

Counsel: P. Randolph Finch Jr., Andrea L. Petray, and Thomas E. Diamond

Six Figure Recovery Following Landslide Caused by Neighbor’s Contractor

Our firm represented a coastal landowner whose bluff property was damaged after a neighbor’s contractor blocked a key drainage system, diverting water and triggering a landslide. We sued for damages, asserted liability for the earth movement and resulting loss, and leveraged a six-figure settlement covering repair costs and legal fees. The firm also engaged and managed a contractor on our client’s behalf to execute repairs and oversaw the contract and project to ensure proper slope stabilization and full restoration of the property.

Counsel: P. Randolph Finch Jr., Andrea L. Petray, and Thomas E. Diamond

CALFIRE CITATIONS DISMISSED WITHOUT CONDITION

The firm represented a client charged with crimes related to a fire event at its San Diego operating plant.  The firm researched and explained the safety protocol and maintenance plans conducted by the client, which would make proving criminal intent or criminal negligence extremely unlikely.  Based on the firm’s work, the prosecutor dismissed all charges without conditions.

Counsel: Thomas E. Diamond

General Contractor Terminates Surveyor For Racial Bigotry
​​​​​​The firm represented the general contractor on an airport improvement project.  A surveyor was overheard referring to a project engineer using a bigoted racial slur, and the surveyor denied the occurrence and then objected to substitution from the job. After an evidentiary hearing pursuant to Public Contract Code Section 4107, the project owner affirmed grounds for removal existed, allowing the general contractor to terminate the surveyor and complete the work consistent with its commitment to inclusion.  ​

 

Counsel: P. Randolph Finch Jr. and Thomas E. Diamond

Design Build Contractor v. State DOT

The firm represented a design-build contractor in arbitration related to cost overruns and delays caused by the state’s failure to acquire essential land for a critical project component. The case was heard before a three-arbitrator panel. After nine days of hearings and testimony from 15 witnesses, the panel ruled in favor of the firm’s client, awarding a total of $3.25 million.

Counsel: P. Randolph Finch Jr.Louis J. Blum , and Thomas E. Diamond

Bridge Builder v. Subcontractor

The firm represented a general contractor bridge builder against a specialty design-build subcontractor in a lawsuit.  Both parties alleged material breach by the other.  The firm negotiated a settlement with a seven figure payment to the firm’s client, plus an offset of the pre-breach subcontract balance.

Counsel: P. Randolph Finch Jr. and Thomas E. Diamond

Thomas Diamond works with business owners, executives, and in-house counsel to provide legal expertise in construction law, business and commercial litigation, and government and regulatory law.  His construction practice focuses on bringing effective and efficient resolution to matters involving public and private works disputes, surety bond claims, and collections.  Thomas also works with both large and small businesses, and individuals, on a variety of general business and commercial disputes.

Mr. Diamond’s strengths include the readiness to apply the effort necessary to master complex topics and to simplify them into their basic components. Both cautious and meticulous, Thomas strives to see every issue from all sides; a practice that results in a better understanding of the strengths — and weaknesses — of a legal position. He also recognizes the difference between what is possible and what is practical. These are worthy qualities for an attorney to have in a profession for which it is prudent to remain a step ahead.

CLAIMS AND DISPUTES

The construction arena presents many challenges for local, state, and federal prime contractors, and subcontractors seeking to pursue general contractors, project owners, and designers for recovery of extra work claims caused by design changes, delays, errors, and omissions.  Specialty subcontractors in electrical, grading and excavating, mechanical, and carpentry trades share similar payment pains caused by upstream project participants. Driven by his strong work ethic and penchant for detail — combined with the firm’s aggressive representation approach — Thomas produces positive resolutions and results.

COLLECTIONS

General contractors, design-builders, and construction managers frequently encounter payment delays from project owners. In turn, downstream trades suffer from not being paid their contract balance or for extra work performed.  Successfully resolving such payment claims requires skillful utilization of statutory remedies including liens and stop payment notices.  It is an area in which Thomas is achieving positive results.  Thomas also offers the ability to defend clients seeking to minimize their liability when they find themselves on the wrong end of a collections claim.

BUSINESS & COMMERCIAL LITIGATION

Working with general contractors, design-builders, construction managers, and insurance companies, Thomas’s practice also includes litigation.  Whether he is prosecuting to secure collections payments or defending clients so as to minimize liability, Thomas is determined in his approach.  Thorough due diligence, attention to detail, pragmatic cost analysis, and creative legal thinking lead the way — and are paramount to the success of Thomas and to the benefit of our clients.

  • Construction litigation
  • Public and private works disputes
  • Mechanic’s liens, stop payment notices, and payment bond claim
  • Subcontractor default issues
  • Commercial sales
  • General business litigation
  • Land use, planning, and development issues
Six Figure Recovery Following Landslide Caused by Neighbor’s Contractor

​​​Our firm represented a coastal landowner whose bluff property was damaged after a neighbor’s contractor blocked a key drainage system, diverting water and triggering a landslide. We sued for damages, asserted liability for the earth movement and resulting loss, and leveraged a six-figure settlement covering repair costs and legal fees. The firm also engaged and managed a contractor on our client’s behalf to execute repairs and oversaw the contract and project to ensure proper slope stabilization and full restoration of the property.

Counsel: P. Randolph Finch Jr.Andrea L. Petray, and Thomas E. Diamond 

Seven-Figure Recovery for Differing Site Condition on Cofferdam Floodwall Project

The firm represented a general contractor in pursuing claims against a local flood control agency for costs incurred due to inaccurate pre-bid subsurface data on a cofferdam floodwall project. The firm secured a seven-figure recovery and a full time extension for the client, compensating for extensive extra work performed as a result of differing site conditions.​

Counsel: P. Randolph Finch Jr., Andrea L. Petray, and Thomas E. Diamond

Specialty Subcontractor Recovers for Project Disruption and from General Contractor’s Builder’s Risk Policy After Catastrophic Loss

The firm represented a specialty subcontractor pursuing a general contractor for delay and disruption costs on a billion-dollar design-build highway expansion project. After obtaining a seven-figure payment from the general contractor, the firm pursued the general contractor’s builder’s risk policy for costs associated with a catastrophic failure of the subcontractor’s heavy equipment. After an initial denial of coverage, the firm obtained an additional seven-figure payment covering the full value of the claim.​

Counsel: P. Randolph Finch Jr., Andrea L. Petray, and Thomas E. Diamond

Six Figure Recovery Following Landslide Caused by Neighbor’s Contractor

Our firm represented a coastal landowner whose bluff property was damaged after a neighbor’s contractor blocked a key drainage system, diverting water and triggering a landslide. We sued for damages, asserted liability for the earth movement and resulting loss, and leveraged a six-figure settlement covering repair costs and legal fees. The firm also engaged and managed a contractor on our client’s behalf to execute repairs and oversaw the contract and project to ensure proper slope stabilization and full restoration of the property.

Counsel: P. Randolph Finch Jr., Andrea L. Petray, and Thomas E. Diamond

CALFIRE CITATIONS DISMISSED WITHOUT CONDITION

The firm represented a client charged with crimes related to a fire event at its San Diego operating plant.  The firm researched and explained the safety protocol and maintenance plans conducted by the client, which would make proving criminal intent or criminal negligence extremely unlikely.  Based on the firm’s work, the prosecutor dismissed all charges without conditions.

Counsel: Thomas E. Diamond

General Contractor Terminates Surveyor For Racial Bigotry
​​​​​​The firm represented the general contractor on an airport improvement project.  A surveyor was overheard referring to a project engineer using a bigoted racial slur, and the surveyor denied the occurrence and then objected to substitution from the job. After an evidentiary hearing pursuant to Public Contract Code Section 4107, the project owner affirmed grounds for removal existed, allowing the general contractor to terminate the surveyor and complete the work consistent with its commitment to inclusion.  ​

 

Counsel: P. Randolph Finch Jr. and Thomas E. Diamond

Design Build Contractor v. State DOT

The firm represented a design-build contractor in arbitration related to cost overruns and delays caused by the state’s failure to acquire essential land for a critical project component. The case was heard before a three-arbitrator panel. After nine days of hearings and testimony from 15 witnesses, the panel ruled in favor of the firm’s client, awarding a total of $3.25 million.

Counsel: P. Randolph Finch Jr.Louis J. Blum , and Thomas E. Diamond

Bridge Builder v. Subcontractor

The firm represented a general contractor bridge builder against a specialty design-build subcontractor in a lawsuit.  Both parties alleged material breach by the other.  The firm negotiated a settlement with a seven figure payment to the firm’s client, plus an offset of the pre-breach subcontract balance.

Counsel: P. Randolph Finch Jr. and Thomas E. Diamond

Meticulous and thorough, Thomas examines every issue from multiple angles-a disciplined approach that exposes both the strengths and vulnerabilities of any legal position. He is decisive in separating what can be done from what should be done, always pushing for the most practical and effective solutions.

Attorneys

(858) 737-3100, Ext. 3109

(858) 737-3101

Jillian C. Robinson
Senior Paralegal/Trainer
  • Construction Law
    • Claims & Disputes
    • Local Agency, Municipal & State Contracts
    • Federal Procurement & Claims
    • Prime Contracts & Subcontracts
    • Collections
  • Business & Commercial Litigation
  • California: State Courts
  • U.S. District Court of California: Central, Southern
  • University of San Diego School of Law, J.D., magna cum laude
    • Order of the Coif
    • Order of the Barristers
    • Deans Honor Scholarship Recipient
    • Chair, Executive Board, Appellate Moot Court
    • CALI (AmJur) Awards for Constitutional Law, and Finance and Accounting for Lawyers
    • Team Member, American Bar Association National Appellate Advocacy Competition
    • Judicial Extern, U.S. District Court, Southern District of California
  • California State University, Chico, B.A., Political Science, minor in Criminal Justice
    • Dean’s List
    • Honor Society of Phi Kappa Phi
    • Faculty and Student Policy Committee Member, University Academic Senate
    • Legislative Affairs Council Member, Associated Students
    • Chief Justice/Alpha Sigma Phi — Founding Father, Inter-Fraternity Council Judicial Board
  • State Bar of California
  • Actively support USD School of Law’s Appellate Moot Court program as a guest judge and National Team advisor
  • Volunteer, Noah Homes, residential facility for adults with intellectual and developmental disabilities
  • San Diego Rising Star by Super Lawyers Magazine in 2024
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