

Claims & Disputes
The interdependent relationships that exist between prime contractors and owners, subcontractors, and suppliers are complex. Contractual requirements and limitations, combined with countless local, state, and federal regulatory and compliance issues, only serve to further complicate this already demanding environment. As a result, construction claims and disputes are common and often unavoidable on both public and private works projects.
Thirty years of experience and results.
Finch, Thornton & Baird, LLP offers decades of dedicated experience and business counsel resulting in the successful resolution of construction claims and disputes. While representing businesses large and small on a daily basis within this complicated arena, and under the most urgent circumstances, our attorneys consistently deliver positive outcomes. The evidence is beyond dispute.
Public and Private Works Success go hand in hand.
The highly regulated public works construction environment presents a complexity of challenges to the legal teams representing prime and large-scale infrastructure contractors. Fortunately, Finch, Thornton & Baird has abundant public works expertise — from project delays and non-responsive owners to risk management, minimization, and avoidance strategies. We regularly represent prime contractors and trade contractors on multi-million dollar claims with positive results. It is work that demands thoroughness and better preparation than the opposition. It is the kind of work, we are proud to say, at which we excel.
Resolving private works claims and disputes are no less complicated or consequential than those for public works. Legal statutes and regulations for private works may occasionally permit a slightly more legal flexibility than the public works environment. Client goals, however, are usually the same. The ability to affect prompt resolutions — frequently while also maintaining mutually beneficial partnerships — is always of paramount importance.
Claims and Dispute Resolution In Every Way Possible.
Pursuit of claims through litigation to trial is expensive — financially, emotionally, and physically. Achieving positive outcomes without going to trial is what clients really want. Accordingly, we offer methods of claims and dispute resolution including negotiation, mediation, and arbitration, in addition to trial and appeal. The firm practices before state and federal trial and appellate courts, U.S. Court of Federal Claims, and state and federal administrative boards and agencies.
Our expertise with Claims and Disputes includes:
- Extra work claims and change order disputes
- Delays, extended performance, and related damages
- Increased labor costs, inefficiencies, disruption, and acceleration
- Changed or unforeseen site conditions
- Inadequate plans and specifications
- Liquidated damages, indirect costs, field overhead, and home office overhead (Eichleay, etc.)
- Construction defect
- False claims
- Contractor and subcontractor defaults
- Lost profits
Successful Bid Protest Wins $5.5 Million Public Works Contract for Client
The firm secured victory for a construction contractor in a competitive public works bidding dispute…
Charter School v. Project Owner
The Firm defended a general contractor against an indemnity claim brought by a public agency…
Design Build Contractor v. State DOT
The firm represented a design-build contractor in arbitration concerning cost overruns and delay arising out of…
Subcontractor v. General Contractor
The firm represented the general contractor in defense of an underground utility subcontractor's multi-million dollar dispute concerning…
Engineering Contractor v. California City
The firm represented a general engineering contractor in claims against a California City for delay…
PRIME CONTRACTOR RECOVERS FROM SUBCONTRACTOR
The firm represented a prime contractor in a dispute regarding a local agency public works…
General Contractor v. Trade Subcontractors
The Firm's client was the engineering contractor for construction of over $250 million in upgrades to a water…
CIDH Pile Contractor v. Bridge Builder
The firm represented a bridge building subcontractor in litigation by a CIDH pile contractor against…
Engineering Contractor v. City
The firm represented an engineering contractor in a lawsuit to recover delay and disruption costs…
Recovery from City for General Contractor of Cost Overruns on Mid-rise Renovation
The firm represented the hard-bid general contractor concerning a 110,000 square foot renovation as part of…
Recovery for Work on Light Rail Project
The firm represented the general contractor in preparing and prosecuting claims for additional payment from a local…
General Contractor v. Subcontractor Performance Bond Surety
The firm represented a general contractor on two publicly funded construction projects related to the…
Design Build Contractor v. State DOT
The firm represented a design-build contractor in arbitration related to cost overruns and delays caused…
CIDH Pile Contractor v. Bridge Builder
The firm represented a bridge-building subcontractor in litigation involving a CIDH pile contractor and the…
Engineering Contractor v. City
The firm represented an engineering contractor in a lawsuit to recover delay and disruption costs…
General Contractor v. Trade Subcontractors
The Firm's client was the engineering contractor for construction of over $250 million in upgrades to a water…
General Contractor v. Trade Subcontractors
The Firm's client was the prime contractor to construct significant upgrades to a water…
General Contractor v. Subcontractor Performance Bond Surety
The firm represented a general contractor on two publicly funded construction projects related to the…
Prime Contractor v. Subcontractor (Infrastructure Project)
The firm represented a multi-national prime contractor on a telecommunications infrastructure project spanning across multiple…
Firm Represents Desalination Developer
The firm played central role in representing the lead developer and operator in negotiation of…
Subcontractor v. General Contractor
RAIL PROJECT The firm represented the general contractor in defense of an underground utility subcontractor's…
Charter School v. Project Owner
RAIL PROJECT The firm defended a general contractor against an indemnity claim brought by a…
Local Public Agency v. Prime Contractor
The firm represented the prime contractor in a claim by a school district that the…
General Contractor adv. Electrical Subcontractor
The firm represented the general contractor in defense of an electrical contractor's multi-million dollar dispute…
General Contractor Awarded Completion Costs and Attorneys’ Fees After Subcontractor Abandonment
The firm represented a general contractor in pursuing a plumbing subcontractor and its performance bond…
Breach of Contract and Disgorgement for Contracting Outside License Classification
The firm was retained by a general contractor regarding the default termination of a subcontractor…
Firm recovers payment in full versus roofing subcontractor
The firm represented a prime contractor in connection with a dispute involving the renovation of…
National Subcontractor Prevails in Mediation versus Metropolitan Water District of Southern California
The firm represented a national subcontractor in multi-party litigation against the prime contractor and its…
Judgment Obtained Against the Navy
The firm represented a prime contractor in an action against the Department of the Navy…
Firm Recovers From Subcontractor’s Performance Bond Surety
The firm represented a general contractor in pursuing a subcontractor's performance bond surety for the…