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Photo collage for Finch, Thornton & Baird, LLP construction law Claims & Disputes practice.

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

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…

Luxury Hotel Successfully Disputes $700,000 Overcharge By Remodeling Contractor

The firm represented a high-end luxury hotel in a dispute over the balance owed on…

Prime Contractor Recovers Damages for Delay, Including Home Office Overhead

The firm’s client was the prime contractor responsible for construction of a new stormwater system…

Resolution of Claim by Cellular Concrete Supplier

The firm represented a joint venture of two top ENR general engineering clients in a…

Firm Settles Personal Guarantee for a Fraction of the Claim

The firm represented a high-net-worth entrepreneur and business owner who was sued on his general…

Firm Recovers Payment in Full for Bungled Residential Remodeling Project

Client homeowner retained a general contractor to perform a remodel of client’s home.  During the…

Architect v. Lease-Leaseback Contractor

The firm’s client was the lease-leaseback contractor for construction of an elementary school in San…

Prime Trade Contractor Avoids Liquidated Damages Claim

The firm represented a prime trade contractor in a dispute with a school district primarily…

Subcontractor Recovers on Mechanic’s Lien After Summary Judgment Upheld on Appeal

The firm represented a framing subcontractor pursuing its outstanding subcontract balance which had been paid…

General Contractor v. Private Multi-Residential Project Owner

The firm represented the general contractor in pursuit of its contract balance and additional time-related…

General Contractor v. Life Science Tenant

The firm represented the general contractor in pursuit of recovery of over $1 million in…

General Engineering Contractor v. State of California, Department of Transportation

The firm represented a general engineering contractor in pursuit of recovery of cost overruns resulting…

Federal Public Works Subcontractor v. Contractor

The firm represented a mechanical subcontractor pursuing claims for extra work, delay, and disruption experienced…

Electrical Subcontractor Recovers Full Payment On Miller Act Claim

The firm represented an electrical subcontractor in a claim for the balance due for work…

Infrastructure/Bridge Contractor v. Surveying Company

The firm represented one of the largest bridge builders in the country in a dispute…

Subcontractor v. Owner and Payment Bond Surety

The firm represented a subcontractor seeking recovery of the subcontract balances due for work it…

General Contractor Receives Full Time Extension and Recovers Time-Related Costs After Bungled Design Put Out to Bid

Hundreds of design changes cause 15-month construction delay. The firm represented the general contractor in…

Concrete and Masonry Subcontractor Claim on a Private Project

The firm represented a concrete and masonry subcontractor in a claim for recovery of its…

Firm Wins Precedent Setting Decision On The Enforceability Of Forum-Selection Clauses In Federal Miller Act Claims

Forum-selection clause enables general contractor to litigate in agreed venue. The firm's client was a…

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