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Thomas F. Feerick Jr.

Attorney

The majority of Thomas’s practice is dedicated to supporting the prosecution of multi-million dollar claims on behalf of general contractors on public projects.

(858) 737-3100, Ext. 3106

(858) 737-3101

Thomas Feerick Jr. represents domestic and international businesses in commercial and construction litigation, from pre-lawsuit dispute resolution and project counsel through trial or arbitration.  His practice involves complex and large scale public and private works disputes, including owner-prime contractor disputes, prime contractor versus subcontractor disputes, Caltrans/Office of Administrative Hearings arbitrations, surety bond and Miller Act claims, public bidding and bid protests, writs, and subcontractor substitutions.

COMPLEX PUBLIC WORKS LITIGATION

The majority of Thomas’s practice is dedicated to prosecuting large claims on behalf of general contractors and large subcontractors on public projects.  Public projects involve more complex and rigorous statutory and regulatory frameworks.  Similarly, public entities approach disputes differently than their private-work counterparts.  These factors require effective lawyers who operate consistently in the public arena.  Thomas is one of those lawyers.  Thomas and the firm aggressively litigate delay and disruption claims, work-character changes, bid item quantity variations, acceleration, and breach of contract cases in arbitration and state and federal courts.

SUBCONTRACTOR LISTING LAWS (e.g., the California Subletting And Subcontracting Fair Practices Act)

Public works prime contractors bidding on public works projects are often required to list certain subcontractors in their bid.  However, unforeseeable issues sometimes arise that necessitate the substitution of originally listed subcontractors from the project.  Thomas can efficiently facilitate and secure these substitutions.  In California, the Subletting and Subcontracting Fair Practices Act imposes detailed substitution procedures on the general contractor and requires approval from the public entity owner before substitution may occur.  Failure to follow the Act’s procedures can subject the general contractor to a fine equal to 10% of the subcontract, false claims liability, or even cancellation of the entire prime contract.  Additionally, delays on the project may mount while the contractor is awaiting substitution approval from the public entity.  Thomas is experienced with the Act’s requirements and has successfully facilitated subcontractor substitutions for his public works contractor clients.

COMPETITIVE BIDDING ISSUES

Competitive bidding is required on public works projects and the public entity is required to accept the lowest bid with few exceptions.  Sometimes the lowest bid contains defects that award the low bidder an unfair competitive advantage over other bidders.  Sometimes a valid bid needs defending.  And sometimes a contractor must defend the public entity’s decision to waive inconsequential defects.  Thomas is well versed in the competitive bidding statutory framework and has worked with many bidders to protest defective bids and defend proper bids.

  • Construction, business, and commercial litigation and transactions
  • Federal claims and procurement disputes including Miller Act claims, Requests for Equitable Adjustments (REAs), GAO protests, and SBA Size and Status protests
  • Mechanic’s liens, stop payment notices, and payment bond claims
  • Owner versus general contractor disputes
  • General contractor versus subcontractor disputes
  • Joint venture disputes
  • General business disruption claims and disputes
  • Unfair business practices
  • False Claims Act litigation
  • Caltrans/Office of Administrative Hearings arbitrations
  • Public bidding and bid protests, writs, subcontractor substitutions, “or equal” product substitutions

Thomas Feerick Jr. represents domestic and international businesses in commercial and construction litigation, from pre-lawsuit dispute resolution and project counsel through trial or arbitration.  His practice involves complex and large scale public and private works disputes, including owner-prime contractor disputes, prime contractor versus subcontractor disputes, Caltrans/Office of Administrative Hearings arbitrations, surety bond and Miller Act claims, public bidding and bid protests, writs, and subcontractor substitutions.

COMPLEX PUBLIC WORKS LITIGATION

The majority of Thomas’s practice is dedicated to prosecuting large claims on behalf of general contractors and large subcontractors on public projects.  Public projects involve more complex and rigorous statutory and regulatory frameworks.  Similarly, public entities approach disputes differently than their private-work counterparts.  These factors require effective lawyers who operate consistently in the public arena.  Thomas is one of those lawyers.  Thomas and the firm aggressively litigate delay and disruption claims, work-character changes, bid item quantity variations, acceleration, and breach of contract cases in arbitration and state and federal courts.

SUBCONTRACTOR LISTING LAWS (e.g., the California Subletting And Subcontracting Fair Practices Act)

Public works prime contractors bidding on public works projects are often required to list certain subcontractors in their bid.  However, unforeseeable issues sometimes arise that necessitate the substitution of originally listed subcontractors from the project.  Thomas can efficiently facilitate and secure these substitutions.  In California, the Subletting and Subcontracting Fair Practices Act imposes detailed substitution procedures on the general contractor and requires approval from the public entity owner before substitution may occur.  Failure to follow the Act’s procedures can subject the general contractor to a fine equal to 10% of the subcontract, false claims liability, or even cancellation of the entire prime contract.  Additionally, delays on the project may mount while the contractor is awaiting substitution approval from the public entity.  Thomas is experienced with the Act’s requirements and has successfully facilitated subcontractor substitutions for his public works contractor clients.

COMPETITIVE BIDDING ISSUES

Competitive bidding is required on public works projects and the public entity is required to accept the lowest bid with few exceptions.  Sometimes the lowest bid contains defects that award the low bidder an unfair competitive advantage over other bidders.  Sometimes a valid bid needs defending.  And sometimes a contractor must defend the public entity’s decision to waive inconsequential defects.  Thomas is well versed in the competitive bidding statutory framework and has worked with many bidders to protest defective bids and defend proper bids.

  • Construction, business, and commercial litigation and transaction
  • Federal claims and procurement disputes including Miller Act claims, Requests for Equitable Adjustments (REAs), GAO protests, and SBA Size and Status protests
  • Mechanic’s liens, stop payment notices, and payment bond claims
  • Owner versus general contractor disputes
  • General contractor versus subcontractor disputes
  • Joint venture disputes
  • General business disruption claims and disputes
  • Unfair business practices
  • False Claims Act litigation
  • Caltrans/Office of Administrative Hearings arbitrations
  • Public bidding and bid protests, writs, subcontractor substitutions, “or equal” product substitutions

The majority of Thomas’s practice is dedicated to supporting the prosecution of multi-million dollar claims on behalf of general contractors on public projects.

(858) 737-3100, Ext. 3106

(858) 737-3101

Karen Morgida
Legal Secretary
  • Construction Law
    • Claims & Disputes
    • Local Agency, Municipal & State Contracts
    • Collections
  • Business & Commercial Litigation
  • California: State Courts
  • California Western School of Law, J.D., magna cum laude
    • Law Review
  • University of California, Santa Barbara, B.A., Political Science
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