skip to Main Content

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

Structural Concrete Subcontractor Wins Verdict 12-0 v. General Contractor

The Firm represented the structural concrete subcontractor seeking recovery of payment for subcontract balance and…

General Engineering Contractor v. Local Public Agency (Riverside and Orange Counties)

The Firm began representing the prime contractor as project counsel concerning this unique cured-in-place pipe…

Structural Concrete Subcontractor v. General Contractor (Luxury Mid-rise Condo Project)

The Firm represented the structural concrete subcontractor seeking recovery of payment for subcontract balance and…

ENR Top 20 Engineering Contractor v. Caltrans, District 7, OAH Arbitration

The firm represented an ENR Top 20 engineering contractor in recovery against Caltrans for delay,…

Engineering Contractor v. Caltrans

The firm represented an ENR Top 20 engineering contractor in recovery against Caltrans for delay,…

ENR Top 30 Engineering Contractor v. Caltrans

The firm represented an ENR Top 30 engineering contractor in recovery against Caltrans for delay,…

Engineering Contractor v. City of Los Angeles

The firm represented the general contractor as project counsel with regard to a bridge replacement…

Subcontractor v. General Contractor, Breach of Contract and Wrongful Termination

The firm represented a subcontractor in a claim for breach of contract and wrongful termination…

J.B. Riha Corporation v. Andrew and Mary Connors-Nicholls

Three week jury trial regarding private work of improvement resulting in 11-0 verdict in favor…

Kims v. Rowley et al.

Two week jury trial regarding private work of improvement resulting in 9-3 defense verdict in…

General Contractor v. Subcontractor

The firm successfully defended a general contractor and its surety against a lawsuit from a…

Extra Work Claims – Subcontractor v. General Contractor

While working on a large community park project for a Southern California city, the firm’s…

Recovery Against School District Following Discovery of Asbestos

The firm represented a trade contractor who discovered unanticipated asbestos in the walls and ceilings…

General Engineering Contractor v. Inland Empire City

The firm was retained by the general engineering contractor at the end of a public…

Recovered Full Amount of Mechanic’s Lien

Legal research revealed that our client had no right to pursue a mechanics' lien. Client's…

Subcontractor Payment Claim on a Public Project

The firm represented a subcontractor in a claim for recovery of amounts due for scope…

Supplier Payment Claim on Public Project

The firm represented a material supplier in a claim for recovery of amounts due for…

Subdivision Development Bond Exoneration

The firm was retained by a multi-home developer to obtain a partial release of surety…

Bid Protest From Second Position – Interstate 5 Rehabilitation

The firm’s client was the second-low bidder on an Interstate 5 rehabilitation project (Engineer’s Estimate…

Project Counsel for Resolution of $100 Million in Extra and Changed Work Claims

​The firm was engaged pre-contract through project closeout to assist a key trade contractor with…

Local Agency Public Work – Prime Contractor v. Water District

The firm’s client experienced cost overruns and changed conditions on a northern California waste water…

Subcontractor v. General Contractor, Payment Bond Surety and Public Agency Project Owner

The firm represented a subcontractor in a claim for recovery of subcontract balance and extra…

Lower Tier Subcontractor v. General Contractor and Miller Act Payment Bond Surety

The firm represented a subcontractor on a federal work of improvement in Arizona.  The firm…

Bid Protest Defense / Subcontractor Listing Inconsistency – Caltrans

The firm’s client was the low bidder on a roadway improvement project for Caltrans.  A…

Responsibility Challenge – Multi-Prime Public University Construction In Northern California

The firm’s client was the low bidder for the largest bid package on a public…

Sole-Sourcing / Brand Name / “Or-Equal” Dispute – Public Procurement

The firm’s client was a prime contractor on a water treatment facility.  During the submittal…

Response To Bid Protest – West Coast Port Rehabilitation

The firm’s client was the low bidder on a $75 million port facility rehabilitation on…

Federal Contracting – Teaming Agreement Member v. Prime Contract Awardee

The firm represented a member of an oral teaming agreement who was not awarded a…

False Claim Act Defense – Multiple Municipal Rail Projects, Western United States

Finch, Thornton & Baird represented two prime contractors that performed large-scale municipal rail projects for…

Joint Venture Dispute – Large Scale Infrastructure Project

Two European based publicly traded infrastructure contractors retained the firm to assist in resolving a…

Back To Top