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Local Agency, Municipal & State Contracts

Finch, Thornton & Baird, LLP regularly represents contractors before local, regional, and state agencies in matters pertaining to public contracts, bid protests, regulatory compliance, and construction claims.  The value of the business advice and professional legal counsel we provide is central to the success of those construction clients.  And we are happy to report that most of those clients have been very successful.

Only newcomers to the world of public works construction will be surprised — and almost certainly exasperated — by this increasingly complicated and often politically charged environment.  The vested interests of each jurisdiction and governing agency are exceeded only by the sea of required permits, licenses, regulations, agreements, certifications, and approvals.  Frequently changing laws, bonding requirements and applicable executive orders further compound the situation.  Fortunately, our clients have ample reason to rely on our deep experience and ability to make sense of it all.

PLAYING TO WIN BECAUSE SO MUCH IS AT STAKE.

Contractors who bid on local and state contracts know precisely what is at stake: statutory procurement compliance is required on public works projects and the public entity must follow strict requirements.  Bidding disputes, protests by higher or lower bidders, and improper bid rejections by owners are among the most prevalent issues.  Finch, Thornton & Baird’s vast knowledge of this area of construction law, combined with our ability to devote the appropriate skilled resources on short notice, are essential requirements to do the work right.

OUR SPECIALIZED LEGAL KNOW-HOW MIRRORS THE INDUSTRY’S EVOLUTION.

The legal expertise of the firm’s senior partners has, quite literally, advanced in lockstep with the construction industry’s forward progress since 1987.  We are on the front lines in representing the interests of clients large and small through the unique challenges of hard bid, design-build, lease-leaseback, and construction management contracts, and the negotiations, claims, and dispute resolution arising from those projects.  Is your victory record in public works lagging behind?  Perhaps you could benefit by mirroring the decision of many and turning to the experienced attorneys at Finch, Thornton & Baird.

THE EXPERIENCE TO NAVIGATE CLAIMS REQUIREMENTS FOR PUBLIC AGENCIES.

The contractual requirements for public works contractors are unique indeed.  And when it comes to resolving disputes, timely filing and strict adherence to the precise provisions set forth for public agency contracts in the Public Contract Code and Government Code is imperative.  In the absence of meeting all requirements, even contractors with virtually indisputable claims can suffer from payment delays or claim rejection.  In the worst case, the public agency holds the power to close the proverbial window of opportunity forever — thus rendering full or even partial recovery on the claim impossible.  Given the potential finality of Government Code claims determinations, your attorney should be especially experienced in these matters.

Our expertise with Local Agency, Municipal, and State Contracts includes:

  • Cities, counties, and local public agencies
  • School districts
  • California Department of Transportation (Caltrans)
  • California Department of Corrections & Rehabilitation
  • California Office of Administrative Hearings
  • California Department of Insurance
  • Contractors State License Board (CSLB)
  • Workers Compensation Appeals Board
  • California Air Resources Board
  • San Diego County Air Pollution Control District

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…

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…

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…

Subcontractor v. General Contractor and Project Owner

The firm represented a national electrical subcontractor in a claim for recovery of delay and…

Differing Site Condition, Cardinal Change, Liquidated Damages, Subcontractor Substitution Penalty Assessment – California Central Coast

The firm’s client was the prime contractor on a flood control construction project involving the…

Commercial Openings, Inc. v. Southwest General Contractors, Inc.

The firm represented a construction manager in defense of a cross-complaint filed by a prime…

Los Angeles Area Community College District v. Construction Management Firm

The firm represented the construction manager for three community college construction projects.  The owner of…

Community College Subcontractor Substitution Hearing

The firm’s client requested substitution of a listed subcontractor based on its failure to prosecute…

Aage Specialty Piping v. Barnhart-Balfour Beatty, Inc.

On behalf of a general contractor, the firm filed suit against a defaulted subcontractor and…

Claims of High-Light Electric, Inc. – Southern California

The firm represented the prime contractor on a more than $100 million freeway expansion project…

West Coast Air Conditioning Co., Inc. v. Fountain Valley School District

Prime contractor on a $12.8 million four school modernization project suffered delay, disruption, and inefficiency…

Wrongful Termination Of Construction Manager By Public School District

The firm represented a construction manager who was wrongfully terminated from two school district projects…

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…

Defense Of Qui Tam False Claims Act Lawsuit On Light Rail Project

The firm’s client was the prime contractor on a regional light rail modernization project. A…

Public Works: Prime Earthwork Contractor Claim For Extra Quantities

The Firm represented its client earth work contractor against a public water district in Northern…

Public Works: Claim For Delay, Disruption And Extra Work

The Firm sued a large prime contractor and its performance bond sureties on behalf of…

Public Works: Prime Contractor Claim Against Caltrans For Changed Conditions, Delay, And Disruption

The Firm represented the prime contractor and one of its subcontractors against Caltrans on a…

Public Works: Defense Against Claims Arising From Damaged Pipeline

The Firm represented its client in claim arising from damage caused to a oil pipeline…

General Contractor v. County of San Diego

Immediately after award on a hard-bid sewer project, the firm’s general contractor client discovered defects…

Defense of Civil Wage and Penalty Assessment By The California Labor Commissioner

The firm’s subcontractor client was served with a Civil Wage and Penalty Assessment by the…

General Contractor v. Public Owner

The firm’s client was the general contractor on a local public works project.  The general…

General Contractor v. City of San Diego

The firm’s client was the general contractor for the construction of a City of San…

Bid Protest – San Diego Unified

The firm’s client was the low bidder for a San Diego Unified School District contract.…

Claim for Additional Grading Quantities

The firm represented a public works contractor against a water district on a claim for…

Bid Protest From Fourth Position – Water District

The firm’s client submitted the fourth lowest bid to construct water treatment facilities for a…

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