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Collections

For contractors seeking relief from non-payment, Finch, Thornton & Baird, LLP offers decades of construction law collections experience throughout California, as well as in Arizona and Nevada.  Our collections attorneys have prosecuted and defended mechanic’s liens for private works, and stop payment notice and payment bond claims for both private and public works with excellent results.  If getting paid is your goal, the office of Finch, Thornton & Baird should be your legal destination.

UNDERSTANDING CONSTRUCTION COLLECTIONS STATUTES INSIDE AND OUT.

There may be no other industry that provides such unique and procedurally-intensive statutory remedies for payment disputes.  Whether to employ a mechanic’s lien, stop payment notice, or payment bond will depend on the circumstances of each project and dispute.  But successful recovery under any of these legal remedies is achieved only by knowing which strategy to deploy combined with a detailed understanding of the very precise statutes and adherence to specified notice and filing requirements.

COLLECTIONS PROSECUTION: THE PATH TO GETTING PAID.

General contractors, design-builders, and construction managers encounter payment delays from project owners.  In turn, trade subcontractors suffer from not being paid their contract balance or for extra work performed for the general contractor or owner.  It is a vicious cycle that often demands legal intervention.  Our collections law attorneys are highly experienced in the diverse statutory remedies that assure aggressive collection of all amounts due and can provide creative solutions to correct client mistakes in statutory compliance.  Most importantly, they excel at securing collections payments through mechanic’s liens, stop payment notices, and payment bonds.

COLLECTIONS DEFENSE: THE LEGAL ART OF ASSET PROTECTION.

The firm’s proven history in prosecuting collections is driven by the learned ability to provide unique defense strategies for payment claims brought by lower-tier subcontractors.  This includes the preparation and presentation of offset claims which allow clients to avoid or reduce liability on otherwise valid payment claims.  A high level of attention to detail, pragmatic cost analysis, and early identification of accounting and claim discrepancies are paramount to success.  So too are our many years of experience working with general contractors to reduce and avoid liability based on discrete fact patterns.

Bottom line, experience, extreme due diligence, creative solutions, and the firm’s aggressive approach empowers our legal team to consistently achieve positive outcomes, minimize client liability, and reduce the time to resolution.  We believe these qualities differentiate us from other construction law firms.

Our expertise with Collections include:

  • Stop payment notice
  • Performance bond
  • Payment bond
  • Mechanic’s lien
  • Resolution of disputes

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…

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…

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…

ProUsys, Inc. v. Taisei-T&K Joint Venture

The firm represented the programming subcontractor in complex, multi-party litigation arising from the expansion of…

Engineered Structures of San Diego, Inc., dba Cairo Construction Company v. CH2M Hill Constructors, Inc. et al.

The firm represented a subcontractor in litigation arising from the construction of a large wastewater…

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…

Recovered Full Amount of Mechanic’s Lien

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

Insurance Company – Collections / Judgment Enforcement

​​The firm represented an insurance company and filed multiple lawsuits against customers who failed to…

Brewer Corporation, et. al. v. Point Center Financial, Inc.

On January 31, the Fourth District Court of Appeal followed Familian Corp v. Imperial Bank,…

Public Works: Dismissal After Demurrer Of General Contractor Claim Versus Subcontractor Performance Bond Surety

The Firm defended a performance bond, obtaining a dismissal of the client after filing a…

Defense of Federal Miller Act Claim

The firm’s client was the prime contractor on a federal design-build construction project on a…

Litigation Of General Contractor Mechanic’s Liens Against Commercial Project Owner

The firm represented a general contractor relating to a construction of a charter school in…

General Contractor v. Owner/Lender – Quasi Public Works

The firm represented a general contractor client on a major rehabilitation project involving the redevelopment…

Trade Contractor v. Thomas Jefferson School of Law

The firm represented plaintiff subcontractor who installed a glass and glazing system at defendant’s new…

Infinity Structures, Inc. v. ASR Constructors, Inc., et al.

The firm represented a Riverside-based public works framing contractor in disputes covering seven separate public…

General Contractor v. Commercial Project Owner/Developer

The firm successfully litigated and resolved a claim by its general contractor client for over…

T.B. Penick & Sons, Inc. v. Hardy Construction, Inc.

The firm successfully represented T.B. Penick & Sons, Inc., on its claim for payment on…

Brewer Corporation dba Brewer Crane & Rigging v. TM Structural, Inc.; and Division 8, Inc. v. Mi Arbolito

The firm represented two clients, Brewer Crane & Rigging Company and Division 8, Inc. with…

Subcontractor Default And Miller Act Claim – Department Of Army Project

The firm represented the prime contractor on a federal drainage channel project administered by the…

Jaynes Corporation of California v. Pro-Tech Fire Protection Systems Corporation

The firm’s client was the prime contractor on a large-scale water treatment plant project.  The…

RePipe – California, Inc. v. W I T Pipeline Rehab et al.

The firm initiated litigation on behalf of a pipeline rehabilitation subcontractor on a City of…

Quality Interiors, Inc. v. Brawley Luckey Ranch, L.P. et al. [and consolidated cases]

The firm represented six clients with claims for payment on a private 500 unit development…

Johnson, Barnes & Finch, Inc. v. Meier Pacific, Inc. et al.

Numerous subcontractors initiated litigation against the firm’s general contractor client and the project owner to…

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