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Finch, Thornton & Baird, LLP managing partner P. Randolph Finch Jr.

P. Randolph Finch Jr.

Managing Partner

Randy Finch represents many of the leading companies listed on the Engineering News-Record (ENR) Top 400 Contractors and ENR Top 400 Specialty Contractors nationally, and nine of the ENR California Top Contractors.

(858) 737-3100, Ext. 3110

(858) 737-3101

Randy Finch is relied on by business owners, C-suite executives, and in-house counsel for his unique ability to see the big picture, and to get the job done efficiently and with predicted results.  His expertise includes dispute resolution from early positioning and negotiation, to mediation, arbitration, trial, and appeal, as well as business planning and compliance.  He is known for unabashedly telling clients what he would do in their situation, rather than simply offering the pros and cons of options from which the client must choose.

The construction industry has been Randy’s focus for over twenty-five years, and clients including general engineering and building contractors, specialty trade contractors, project owners, suppliers, and sureties continue to anchor Randy’s legal practice.  Not surprisingly, his considerable success and experience in the highly regulated construction industry inevitably led to his representation of business owners in similarly regulated agriculture, automotive, clothing, and food and beverage industries.

DECADES OF GROUNDBREAKING CONSTRUCTION INDUSTRY EXPERIENCE

Randy Finch regularly represents many of the Engineering News-Record (ENR) Top 400 Contractors and Top 400 Specialty Contractors — including dozens of ENR California Top Contractors — as well as many of the regional firms that turn to Finch, Thornton & Baird, LLP to handle nearly every type of legal or business issue imaginable.

From project procurement to closeout, he offers unrivaled experience in licensing, bidding, contracting, contract buyouts, performance disputes, scope of work disputes, and claims resolution.  For some, this means expeditious dispute management and a quick resolution.  For others, it means the application of methodical legal strategy and litigation to final judgment.

Randy attributes a healthy portion of his and the firm’s success to a shared passion for the construction industry, exemplified by decades of active participation, board leadership, and industry service to the Associated General Contractors of America (AGC), AGC of California, and AGC San Diego Chapter, Inc.  Highly knowledgeable about construction company operations and industry practices, bolstered by his keen awareness of the legal process and the firm’s aggressive representation approach, clients and industry leaders alike turn to Randy Finch about issues including:

  • Building Disputes
  • Engineering and Infrastructure Disputes
  • Operational Strategies
  • Growth and Divestiture Strategies
  • Regulatory Compliance
  • Legislative Change Needs

BUSINESS DISPUTES AND MANAGEMENT

As is also true of the construction industry, the general business world displays ample need for skillful application of sound business judgment and legal counsel.  The regulatory issues confronting agriculture, automotive, clothing, and food and beverage industries present their own unique business challenges and legal hurdles — including the probability for disputes and misunderstandings.  It is exactly the type of environment in which Randy Finch thrives and is well-prepared to help clients succeed.

When circumstances permit, Randy’s early involvement in business disputes usually begets the greatest potential for swift, cost-efficient outcomes.  His ability to analyze, negotiate, and devise forward-looking strategies consistently produces positive outcomes.  He emphasizes a proactive approach to dispute avoidance and resolution based on early positioning and negotiation.  Equally important, Randy’s trial, arbitration, and appeal experience informs legal strategy development, gives credibility to negotiations, and lends leverage and horsepower when needed.

FOR MANY IN NEED OF A LIFE LINE, THERE IS ONLY ONE PERSON TO CALL

Randy has always been a quick study.  Combined with his broad business and legal experience, clients value his deft ability to dispense informed responses and proven strategies to resolve matters quickly and efficiently.  They take comfort in knowing he will respond in their time of need.  They prize his unflinching readiness to make their problems his problems to resolve.  As a result, many clients have kept Randy on speed-dial for the entirety of his career.

Chambers and Partners interviewed clients, judges, arbitrators, and mediators about Randy and here is what they had to say:

—  “[Randy] Finch is a highly effective trial lawyer, strategist, and leader.”  —

—  “Mr. Finch is a top-tier construction lawyer.”  —

—  “He has all the talent you can ask for in a trial attorney and counselor.”  —

Chambers USA Guide 2022, Construction in California Legal Rankings

As managing partner of the law firm and architect of its growth for the last twenty years, Randy is responsible for the strategic planning of firm operations and service delivery to meet client needs wherever, whenever, and whatever those may be.  Finch, Thornton & Baird’s respected reputation for quality legal work and the continued loyalty of many lifetime clients are testament to his business acumen and personal stake in our clients’ success.

  • Public and private works construction cases
  • Delay, disruption, inefficiency, and extra work claims
  • Impact and acceleration claims
  • Changed and differing site conditions claims
  • Mechanic’s liens, stop payment notices, and payment and performance bond claims
  • Contract defaults
  • Professional liability of architects and engineers
  • Latent and patent defects in construction and design
  • Federal, state, and local agency bid protests
  • Resolution of construction-related claims
  • Enforcement of creditors’ rights and defense of debtors
  • Business litigation including shareholder disputes, contract interpretation and enforcement, unfair business practices
  • California and federal False Claims Act litigation
  • Lender and vendor disputes
  • Representation of policyholders and their insurers in insurance covered and coverage disputes
  • Business transaction and pre-construction services, including insurance, licensing, and bonding matters
  • Joint venture issues and management
  • Construction management issues
  • Takeover and completion issues
  • Formation and counseling of corporations and limited liability companies
  • Shareholder and officer issues
  • Debt workouts
  • Development issues
  • General corporate counseling
  • Labor compliance
  • Real estate issues
Surety Awarded Fees and Costs Despite Bond Principal Having Paid the Freight

Cell-Crete Corporation v. Fed. Ins. Co. (2022) 82 Cal. App.5th 1090.  Payment bond surety sought fees and costs following summary judgment of plaintiff’s claims based on bond principal’s defeat of the claims in binding arbitration.  The trial court denied fees contending the fees were paid by the bond principal and not the surety.  Finch appealed the decision, resulting in the precedent setting appellate decision holding the surety does not have itself paid the fees and costs to be awarded fees and costs as the prevailing party.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

Design-Build Federal Contractor v. Framing Subcontractor

The firm represented the general contractor concerning the default termination of a framing subcontractor on a remote USACE project.  The case was filed by the general contractor against the subcontractor and its performance bond surety.  The claims included the general contractor’s for costs to complete and delay, and by the subcontractor for wrongful termination, lost profits and extra work.  The case was arbitrated over four days resulting in an award in favor of the general contractor against both the subcontractor and its surety. In a total amount exceeding $2.5 million, including an award of fees and costs in excess of the penal sum of the bond.  Notably, the surety never made an offer to settle.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

Successful Defense of Bid Protest – Client Awarded $4.5 Million Contract

The firm’s client was the low bidder on a multi-million dollar public works project involving improvements on a state highway for Caltrans.  The third-lowest bidder protested, contending that the client’s bid was materially unbalanced and contained an unwaivable error related to listing an incorrect bid item number on the DVBE form.

The firm met Caltran’s short deadline for response and successfully defended against multiple protest letters from the third-lowest bidder.  Based on the firm’s arguments, Caltrans denied the protest, and the contract, valued at approximately $4.5 million, was awarded to the firm’s client.

Counsel: P. Randolph Finch Jr., Daniel P. Scholz, and Matthew D. Seeley

Subcontractor v. General Contractor

RAIL PROJECT

The firm represented the general contractor in defense of an underground utility subcontractor’s multi-million dollar dispute concerning project delays and contractor’s license issues related to work on a rail project in California. Less than a month before trial, the case settled on favorable terms.

Counsel: P. Randolph Finch Jr., Jason R. Thornton, and David W. Smiley 

Bridge Builder v. Subcontractor

The firm represented a general contractor bridge builder against a specialty design-build subcontractor in a lawsuit.  Both parties alleged material breach by the other.  The firm negotiated a settlement with a seven figure payment to the firm’s client, plus an offset of the pre-breach subcontract balance.

Counsel: P. Randolph Finch Jr. and Thomas E. Diamond

Charter School v. Project Owner

RAIL PROJECT

The firm defended a general contractor against an indemnity claim brought by a public agency project owner in connection with an inverse condemnation claim.  As a result of the firm’s efforts, the public agency dismissed the firm’s client.

Counsel: P. Randolph Finch Jr. and David W. Smiley

General Contractor adv. Electrical Subcontractor

The firm represented the general contractor in defense of an electrical contractor’s multi-million dollar dispute concerning delay, disruption, and extra work on an airport taxiway project in California.  Less than a month before binding arbitration, the case settled on terms better for the firm’s client than a mediator’s proposal which followed mediation and continued settlement efforts by the mediator and subcontractor to settle.

CounselP. Randolph Finch Jr. and Andrea L. Petray

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 surety for the cost to complete the subcontractor’s work after the subcontractor asserted material breach and abandoned the project during construction.

Client was general contractor for a public work of improvement.

The project was a $145 million community college expansion project.  The plumbing subcontractor alleged it was entitled to walk because the project schedule was prolonged, portions of its work were wrongfully rejected, and its subcontract scope was increased.  The subcontractor and its surety disclaimed all liability for completion costs and engaged in protracted, multi-year litigation.

Subcontractor claim defeated. $4 million awarded to general contractor.

After an eleven-day hearing featuring 27 witnesses, a three arbitrator panel rejected the subcontractor’s $2 million affirmative claim and awarded the general contractor over $4 million, including fees, costs, and interest.  The award was promptly paid by the surety, whose highest pre-arbitration offer had been to pay $500,000.

Counsel: P. Randolph Finch Jr., Andrea L. Petray, and Thomas E. Diamond

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 on a public school project.  The subcontractor had walked off the job and sued the general for approximately $570,000.00.  The firm commenced arbitration against the subcontractor seeking almost $375,000.00 in costs to complete above the subcontract balance at termination.

During discovery it was learned the subcontractor had performed work for roughly a month without the proper license classification.  The firm obtained a binding arbitration award against the subcontractor for $1,374,290.69, which included disgorgement of all amounts paid to the subcontractor, the increased costs to complete, interest, and attorneys’ fees and costs.

The award was confirmed as a judgment against the subcontractor for the full amount awarded.

Counsel: P. Randolph Finch Jr., Jason R. Thornton, and Scott M. Bennett

Firm Recovers From Subcontractor’s Performance Bond Surety

The firm represented a general contractor in pursuing a subcontractor’s performance bond surety for the cost to complete subcontractor’s work.  The client was the general contractor for the construction of a public work of improvement.  Its landscaping subcontractor filed bankruptcy and abandoned its work on the project—thus forcing the general contractor to complete the work.  The firm made a demand on the subcontractor’s performance bond surety and negotiated payment by the surety for the cost to complete before suit was filed.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

Resolution of Claim by Cellular Concrete Supplier

The firm represented a joint venture of two top ENR general engineering clients in a dispute with a cellular concrete subcontractor regarding a grade separation rail project in northern California.  The dispute involved pay quantities of work performed, and delay and disruption claims by both sides of the dispute.  Based on the firm’s prior experience trying a very similar claim — and rare knowledge of the peculiarities of cellular concrete construction — the firm positioned the case for resolution at early mediation.  The case was resolved extremely efficiently on terms very favorable for the firm’s client.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

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 to the general contractor by the project owner, but withheld from the subcontractor.  The firm recorded a mechanic’s lien on behalf of the subcontractor and successfully obtained a summary judgment, arguing there was no dispute that all elements of a mechanic’s lien cause of action were satisfied.

The owner appealed arguing the subcontractor had no lien rights due to a recent corporate reorganization.  After extensive briefing and oral argument, the Court of Appeal upheld the judgment in favor of the subcontractor and the firm’s client was paid in full, including interest. ​

Counsel: P. Randolph Finch Jr., Jason R. Thornton, Andrea L. Petray, and Thomas E. Diamond

General Contractor v. Private Multi-Residential Project Owner

The firm represented the general contractor in pursuit of its contract balance and additional time-related costs incurred on a multi-residential apartment project.

Owner in denial.

The owner withheld the entirety of the contractor’s contract balance claiming extensive project delays and resulting liquidated damages. The owner refused to accept responsibility for delays caused by extra work and defective plans, forcing the firm to file suit for the general contractor.

Legal action results in $1.5 million negotiated settlement.

Following a thorough analysis of project documents, extensive written discovery and limited depositions, the firm retained a scheduling expert and presented a detailed trial-ready schedule analysis which demonstrated, as the firm had argued from the outset of the dispute, the owner was responsible for delay. The owner’s assessment of liquidated damages was meritless. The firm ultimately negotiated a $1.5 million settlement payment from the owner to the general contractor after several rounds of mediation.

Counsel: Jason R. Thornton and Justin M. Stoger

Rapid Recovery of Debt and Attorneys’ Fees on Multi-Parcel Foreclosure

The firm obtained a rapid recovery for a financier client on a past-due note secured by multiple properties.  The firm’s client received payment of a six-figure principal debt and all accrued interest, costs, and attorneys’ fees.

Counsel: P. Randolph Finch Jr. and Thomas E. Diamond

General Contractor v. Life Science Tenant

The firm represented the general contractor in pursuit of recovery of over $1 million in extra work claims on a $13 million tenant improvement project.  Claims were pursued based on the AIA contract documents through contractual mediation resulting in payment to the firm’s client in less than 70 days from when the firm was retained.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

Defeat of Writ of Mandate for General Engineering Contractor

The firm’s client was the low bidder for a state highway project in California.  The second bidder challenged the bid for listing different subcontractor participation percentages.  After the awarding state agency overruled the protest and awarded the contract to the firm’s client.

The second bidder filed a lawsuit seeking a writ of mandate.

The firm successfully persuaded the court to hear the matter on an expedited schedule so a decision could be obtained before construction work started.  After a writ of mandate trial by briefs, the judge upheld the award to the firm’s client.

Counsel: P. Randolph Finch Jr., Jason R. Thornton, and Scott M. Bennett

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 from delay, disruption, and inefficiency incurred building a freeway realignment, bridges, high-occupancy vehicle lanes, and parking lots.

Attention to every detail paved the way to a $7.5 million settlement.

The firm’s efforts included working with the project team to identify impacts, evaluate cause and effect, and price resulting changes.  The firm presented the claims to Caltrans during arbitration proceedings which resulted in an amicable settlement with payment to the firm’s client of $7.5 million.

Counsel: P. Randolph Finch Jr.

Federal Public Works Subcontractor v. Contractor

The firm represented a mechanical subcontractor pursuing claims for extra work, delay, and disruption experienced while performing work at a federally funded construction project.  The firm developed and submitted the subcontractor’s claims to both the general contractor and the Miller Act payment bond surety.  At an informal resolution meeting — prior to initiating legal proceedings — firm attorneys negotiated a six-figure settlement in favor of the subcontractor.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

Infrastructure/Bridge Contractor v. Surveying Company

The firm represented one of the largest bridge builders in the country in a dispute with a surveying company over the layout of bridge abutments.  The firm’s client alleged the surveyor made an error in its calculations resulting in improper layout and construction of two abutments in reliance on the survey data and staking.

Ensuing redesign resulted in additional costs, delay, and extra work.

The survey error required a redesign and enlargement of the two bridge abutments at an increased cost for the delay and extra work.  The firm prosecuted the claims in arbitration to a successful recovery of all of the increased costs its client incurred, plus profit on the extra work, and attorneys’ fees, for a total recovery of $1.85 million.

Counsel: P. Randolph Finch Jr. and Lindsey C. Herzik

Subcontractor v. Owner and Payment Bond Surety

The firm represented a subcontractor seeking recovery of the subcontract balances due for work it performed at two public schools.  The subcontractor fully performed its scope of work, but the general contractor failed to pay the subcontractor the entire subcontract amount.

The Firm filed suit for recovery on the subcontractor’s stop payment notice and on the general contractor’s payment bond for the projects at issue.

The firm engaged in significant discovery to all parties to the lawsuit and, after obtaining the responses and analyzing the project documents, was preparing to proceed to trial.  Subsequently, the firm negotiated a global settlement on behalf of the subcontractor with the payment bond surety and the subcontractor’s lower-tiers, resulting in a six-figure full recovery for the subcontractor.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

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 its pursuit of its contract balance, a time extension, and time-related and extra-work costs.  Over 2000 RFIs and 700 changes to the project design during construction resulted in a 15-month delay to a $125 million public work of improvement, which was originally to be completed in just over two years.

Rigorous analysis and A compelling defense result in $13 million settlement.

The owner refused to provide any time extension or pay time-related and extra-work costs, exposing the contractor to millions of dollars in liquidated damages and subcontractor claims.  Following a thorough analysis of project documents, the firm and its consultants prepared a compelling argument for owner liability, and negotiated a time extension and $13 million in additional compensation for the firm’s client.​

Counsel: P. Randolph Finch Jr., Andrea L. Petray, and Thomas E. Diamond

General Contractor Prevails In Wind Energy Construction Dispute

The firm represented the general contractor in a dispute with a multi-national subcontractor over the construction of 100 wind turbine generators in central California.

The project was delayed – causing the general contractor to declare the subcontractor in default.  The subcontractor claimed over $8 million in additional construction costs due to changes, weather delays, impacts, and acceleration.  The subcontractor brought arbitration against the general contractor for the increased costs.

The firm’s first task was to evaluate the merits of the parties’ positions and determine whether the case could be settled.  Based on the firm’s recommendation, the general contractor made a seven-figure statutory offer to settle the dispute.  The subcontractor rejected the settlement offer.

Discovery results in critical insights.

Through discovery, the firm learned the subcontractor had not been properly licensed, had executed certain claim releases during construction, and had not incurred the claimed acceleration costs.  Discovery took multiple years, with twenty-four depositions across the country and in Canada.  The matter proceeded to a three-week arbitration at which eighteen witnesses were called.  During arbitration, the firm successfully rebutted the subcontractor’s excessive and inflated claims.

Firm and client prevail in arbitration.

Following arbitration, the subcontractor was awarded a small percentage of its overall claim.  Most importantly, the amount awarded to the subcontractor was less than the settlement amount offered by the general contractor years before.  As a result, the arbitrator ruled the firm’s client was the prevailing party in the matter, and that the firm’s client was entitled to its attorneys’ fees and costs to defend against the claim.

In the end, the firm’s client paid nothing to the subcontractor — a result significantly better for the firm’s client than had it accepted any of the multiple settlement offers made by the subcontractor.

Counsel: P. Randolph Finch Jr., Daniel P. Scholz, and Lindsey C. Herzik

General Contractor v. Private Mixed-Use Project Owner and OCIP Insurer

The firm represented an ENR Top 50 general contractor to recover the contract balance and repair costs incurred on the construction of a mixed-use office and apartment building in San Diego, California.  The project suffered property damages caused by a plumbing subcontractor.  The general contractor incurred significant costs to perform repairs.

The owner asserted claims against the general contractor and withheld payment.

Following a detailed analysis of project documents, the parties’ claims, and applicable insurance policies, the firm was prepared to file a lawsuit.  However, through persuasive argument — combined with its early efforts to understand its client’s positions — the firm negotiated a favorable monetary settlement with full payment to the general contractor from the owner and the owner’s OCIP insurer before a lawsuit was filed.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

Public Works Plumbing Subcontractor v. General Contractor and Payment Bond Surety

The firm represented a plumbing subcontractor to pursue claims for the unpaid subcontract balance plus delay and disruption for work performed at a publicly funded construction project.  After filing suit against the general contractor and its payment bond surety, the firm obtained public records demonstrating the general contractor was paid for the work of the subcontractor, but had not paid the subcontractor.

Public records leveraged in negotiating six-figure settlement.

The firm used the public records to negotiate a six-figure settlement where the general contractor paid the subcontractor all amounts due, prompt-payment penalties of two percent per month, as well as all attorneys’ fees and costs incurred to pursue payment.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

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 extra work on a luxury mid-rise condominium project.

The Firm perfected its client’s mechanic’s lien and stop payment notice remedies, which were bonded off by the general contractor who contended nothing was due to the subcontractor because of defective work and delay caused by the subcontractor.  Despite the Firm’s efforts for settlement, the general contractor and its surety never made an offer to pay the Firm’s client any amount.

The dispute was tried to a San Diego jury over three weeks.

The Firm used building modeling to create 3-D demonstrative exhibits allowing the jury to see how a structural concrete building is built from the ground up, and better understand the testimony of the witnesses.  The Firm’s experts testified with demonstrative exhibits which summarized and simplified complex critical path method opinions.

The jury’s verdict was 12-0 in favor of the Firm’s client.

The jury awarded every penny the Firm asked for against both the general contractor and its surety.  Following post-trial motions, the judge awarded all requested pre-judgment interest, all expert witnesses fees, all court costs, and all attorneys’ fees incurred through the verdict.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

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 (CIPP) project.

The Firm helped position its client to declare owner default, stop work based on owner breaches of Public Contract Code section 1104 (lack of buildable plans), and avoid performance bond surety takeover, as well as mitigate risk with the client’s CIPP subcontractor, its surety, and liability insurers.  These tasks required a thorough understanding of the CIPP specifications, the CIPP industry players, and strong relationships with the sureties.

The project owner sought over $10 million from the Firm’s client and surety.

Post declaration of default, litigation commenced among the client, project owner, subcontractor, and sureties, with the project owner seeking more than $10 million from the Firm’s client and surety.  The Firm was able to shift defense costs to liability insurers and mitigate the out-of-pocket litigation costs to its client.  The project owner incurred over $1 million in attorneys’ fees.

The case settled for payment to the Firm’s client.

After two years of litigation, depositions of the key project participants and CIPP industry participants around the country, with a six-week jury trial looming, and following three mediation sessions over six months, the case settled for payment to the Firm’s client, hailed as an excellent result in this bet-the-company (and personal assets supporting the bonding line) case.

Counsel: P. Randolph Finch Jr., Nowell A. Lantz, and Andrea L. Petray

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 extra work.

The Firm perfected its client’s mechanic’s lien and stop payment notice remedies, which were bonded off by the general contractor who contended nothing was due to the subcontractor because of defective work and delay caused by the subcontractor.  Despite the Firm’s efforts for settlement, the general contractor and its surety never made an offer to pay the Firm’s client any amount.

The dispute was tried to a San Diego jury over three weeks.

The Firm used building modeling to create 3-D demonstrative exhibits allowing the jury to see how a structural concrete building is built from the ground up, and better understand the testimony of the witnesses.

The jury’s verdict was 12-0 in favor of the Firm’s client.

The jury awarded every penny the Firm asked for against both the general contractor and its surety.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

General Contractor v. California Department of Corrections and Rehabilitation

The Firm represented a general contractor in a bid protest for award of a $100mm project.  The Firm’s client protested the low bid based on subcontractor percentage irregularities, and alleged the low bidder had an unfair competitive advantage.  The California Department of Corrections and Rehabilitation essentially ignored the protest resulting in the Firm filing a lawsuit for writ of mandate, injunction, and promissory estoppel.

After three separate hearings and a trial, the Superior Court issued a writ of mandate declaring the award to the low bidder illegal, issued a permanent injunction requiring the work on the project to stop, and awarding the Firm’s client nearly $300,000.00 in bid preparation costs, court costs, and interest.

The trial decision was upheld on appeal in a published decision addressing the promissory estoppel issue.

Counsel: P. Randolph Finch Jr. and Jason R. Thornton

West Coast Air Conditioning Co., Inc. v. California Department of Corrections & Rehabilitation

The Firm represented the second bidder in a procurement dispute concerning a $100 million HVAC improvement project at Ironwood State Prison.  The Firm’s client challenged the low bidder and successfully obtained a writ of mandate (declaring the contract awarded to the low bidder illegal) and a permanent injunction (barring further work and forcing the job to stop).

The Firm also prosecuted a promissory estoppel claim for recovery of bid preparation costs resulting in a judgment after trial of nearly $300,000.00 in bid preparation costs, court costs, and interest.  The California Department of Corrections & Rehabilitation appealed the promissory estoppel judgment.

In a precedent setting case, the appellate court unanimously affirmed the judgment holding the grant of a writ of mandate and injunction, not followed by an award of the contract to the challenging bidder, is ineffective relief entitling the challenging bidder to recover bid preparation costs.

(2018) 21 Cal.App.5th 453

Counsel: Representing attorneys include P. Randolph Finch Jr. and Jason R. Thornton.

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 projects.  The projects included public schools, law enforcement and aviation facilities, and included multi-prime contract projects.  The firm filed stop notices, payment bond claims and multiple complaints on the seven jobs.  Prior to incurring extensive discovery and expert costs covering the seven projects, and after the case was assigned to the same trial judge who had entered judgment after trial in favor of another client of the firm [represented by attorneys Finch and Jones against the same defendant], the firm pushed the case into mediation.  After a comprehensive presentation by the firm, the case was resolved at the mediation.

Riverside Superior Court (Indio) Case No. INC 10005575

Counsel: P. Randolph Finch Jr.

Protest Of Bid Responsiveness And DVBE Outreach

The firm’s client was the low bidder for the electrical bid package on a multi-prime California public high school construction project.  After the bid opening, a competing bidder protested the low bid, alleging the firm’s client lacked a mandatory installer certification and failed to meet mandatory Disabled Veteran Business Enterprise outreach requirements.  The firm immediately filed a comprehensive response to the protest and reached out to the school district’s facilities staff.  After evaluating the firm’s response, the District rejected the bid protest and awarded the electrical bid package to the firm’s client.

Desert Sands Unified School District Project

Counsel: P. Randolph Finch Jr.

Submission of Proposed Final Estimate

The firm’s client was the prime contractor on a five-year project to widen Interstate 405 in the Culver City/Santa Monica area.  The project suffered from numerous delays, disruptions, scope changes and differing site conditions, which resulted in more than $40 million in claims against Caltrans.  The firm worked on the contractor’s comprehensive Response To Proposed Final Estimate, which detailed the dozens of prime contractor and subcontractor claims.  The claims were later settled.

Caltrans Contract No. 07-117844

Counsel: P. Randolph Finch Jr.

Select Electric, Inc. v. Balfour Beatty/Ortiz Enterprises, Inc. et al.

The firm initiated litigation on behalf of the electrical subcontractor on the Metropolitan Transit System’s light rail construction project which extended the San Diego Trolley system to eastern portions of San Diego County.  The project had been severely delayed and disrupted and the firm filed suit to recover: (1) subcontract balance held by the general contractor based on a liquidated damages claim asserted by the owner; and (2) delay and disruption damages incurred by the electrical subcontractor.  The firm recovered, via settlement, in excess of 100 percent of the subcontractor’s principal delay and disruption damages from the owner and the entire subcontract balance from the general contractor.  The firm’s client avoided what became a multi-month jury trial between the owner and general contractor in Imperial County.

San Diego Superior Court Case No. 37-2007-00066282-CU-BC-CTL; Imperial County Superior Court Case No. ECU03524

Counsel: P. Randolph Finch Jr.

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, disruption, differing site conditions, and quantity adjustment claims through the Office of Administrative Hearing Arbitration process.  The firm recovered payment to its client of $8.79 million.

Counsel: P. Randolph Finch Jr.

Engineering Contractor v. Caltrans

The firm represented an ENR Top 20 engineering contractor in recovery against Caltrans for delay, disruption, differing site conditions, and quantity adjustment claims.  The firm recovered payment to its client of $11.6 million.

Counsel: P. Randolph Finch Jr.

ENR Top 30 Engineering Contractor v. Caltrans

The firm represented an ENR Top 30 engineering contractor in recovery against Caltrans for delay, disruption, differing site conditions, and quantity adjustment claims through the Office of Administrative Hearings Arbitration process.  The firm recovered payment to its client of $9.2 million.

Counsel: P. Randolph Finch Jr.

Engineering Contractor v. City of Los Angeles

The firm represented the general contractor as project counsel with regard to a bridge replacement job in the City of Los Angeles.  The project was plagued with differing site conditions, environmental restrictions, extra work, and related issues.  The firm’s efforts over a three-year period, included managing consultants to assist with time impact analyses, impact pricing and presentations, and resulted in an increase to the contract price of $6.1 million and amicable closeout of the project.

Counsel: P. Randolph Finch Jr.

Supplier Payment Claim on Public Project

The firm represented a material supplier in a claim for recovery of amounts due for materials it furnished to a subcontractor on a publicly funded construction project. The firm was brought in prior to completion of the project to enforce stop notice, payment bond, and contract claims. After the firm filed suit against the subcontractor, general contractor, project owner and payment bond surety, the matter settled with payment to the firm’s client of the full principal amount due, plus attorneys’ fees.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

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 this unique government contract over a four years duration.  Significant legal issues included demobilizing from the project when a key milestone was not met, return to work with guaranteed payment funding by the general contractor, and negotiation of over 40 change orders which expanded the subcontract scope of work and price from $250,000 to nearly $100 million.

Counsel: P. Randolph Finch Jr., Jason R. Thornton, and Christopher R. Sillari

Insurance Company – Collections and Judgment Enforcement

The firm represented an insurance company and filed multiple lawsuits against customers who failed to pay workers’ comp and bond premiums.  With the appropriate pressure, the firm obtained favorable settlements collecting significant returns where the insurance company’s collection efforts had failed.  Where the defendants failed to appear in the lawsuits, the firm obtained default judgments and expeditiously enforced the judgments through debtor’s examinations, liens, and bank levies.

Counsel: P. Randolph Finch Jr. and Kelly A. Floyd

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

The firm represented a construction manager in defense of a cross-complaint filed by a prime trade contractor.  The prime trade contractor sought damages from the client for fraud, intentional interference with a contract, interference with business, equitable indemnity, express indemnity and implied indemnity related to the processing and payment of deductive change orders related to the prime trade contractor’s work.
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The firm filed two demurrers, obtaining dismissal of all indemnity and fraud claims.  After eliminating more than half of the prime trade contractor’s causes of action through demurrer, the case was settled at mediation without payment by the firm’s client.

San Diego Superior Court Case No. 37-2012-00052831-CU-BC-NC
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Counsel: P. Randolph Finch Jr. and Andrea L. Petray

Subdivision Development Bond Exoneration

The firm was retained by a multi-home developer to obtain a partial release of surety bonds securing a large subdivision development.  The client’s goal was to perform a reduced scope of work and obtain exoneration of the bonds from the public entity as the development was no longer economically viable.  The firm devised a plan and through litigation obtained complete exoneration of bonds with penal sums in excess of $6.5 million, with no work required by the firm’s client.​

Counsel: P. Randolph Finch Jr. and Jason R. Thornton

General Engineering Contractor v. Inland Empire City

The firm was retained by the general engineering contractor at the end of a public work construction project to pursue a claim against the City for differing site conditions.  A Disputes Review Advisor had opined the claim had no merit. 

[expand title=”Read More” swaptitle=”Less”]In order to overcome the claim denial, the firm took a fresh look at the factual and legal bases for the claim, and evaluated available public records as well as the project files.  The firm re-packaged the claim and proved that utility poles had been moved post-bid and pre-construction by others causing a differing site condition, and that the City knew of these facts and had not disclosed them.  The claim settled following an evaluative mediation process where the mediator was asked to opine on the merits of the claim.
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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 work performed on a publicly funded construction project. The firm was brought in at the conclusion of construction to prepare stop payment notice, payment bond and contract claims, and file suit to recover the balance due for work performed by the subcontractor on the project. The matter settled after mediation with payment to the firm’s client for the full subcontract balance, attorneys’ fees and interest.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

Wrongful Termination Of Construction Manager By Public School District

The firm represented a construction manager who was wrongfully terminated from two school district projects and was owed substantial amounts for work performed.  The firm sued the school district and immediately served the district with aggressive discovery, while also pushing for an early mediation.  In preparation for mediation, the firm performed a detailed investigation of the facts supporting the construction manager’s case and prepared an effective mediation presentation.  At mediation, the firm obtained a favorable settlement that included a retraction of the terminations for cause and significant payment by the district.  Following the legally required waiting period for bringing such a claim against a government agency, the litigation was resolved in a matter of months.

Counsel: P. Randolph Finch Jr., Louis J. Blum, and Kelly A. Floyd

Randy Finch is relied on by business owners, C-suite executives, and in-house counsel for his unique ability to see the big picture, and to get the job done efficiently and with predicted results.  His expertise includes dispute resolution from early positioning and negotiation, to mediation, arbitration, trial, and appeal, as well as business planning and compliance.  He is known for unabashedly telling clients what he would do in their situation, rather than simply offering the pros and cons of options from which the client must choose.

The construction industry has been Randy’s focus for over twenty-five years, and clients including general engineering and building contractors, specialty trade contractors, project owners, suppliers, and sureties continue to anchor Randy’s legal practice.  Not surprisingly, his considerable success and experience in the highly regulated construction industry inevitably led to his representation of business owners in similarly regulated agriculture, automotive, clothing, and food and beverage industries.

DECADES OF GROUNDBREAKING CONSTRUCTION INDUSTRY EXPERIENCE

Randy Finch regularly represents many of the Engineering News-Record (ENR) Top 400 Contractors and Top 400 Specialty Contractors — including nine of the ENR California Top Contractors — as well as many of the regional firms that turn to Finch, Thornton & Baird, LLP to handle nearly every type of legal or business issue imaginable.

From project procurement to closeout, he offers unrivaled experience in licensing, bidding, contracting, contract buyouts, performance disputes, scope of work disputes, and claims resolution.  For some, this means expeditious dispute management and a quick resolution.  For others, it means the application of methodical legal strategy and litigation to final judgment.

Randy attributes a healthy portion of his and the firm’s success to a shared passion for the construction industry, exemplified by decades of active participation, board leadership, and industry service to the Associated General Contractors of America (AGC), AGC of California, and AGC San Diego Chapter, Inc.  Highly knowledgeable about construction company operations and industry practices, bolstered by his keen awareness of the legal process and the firm’s aggressive representation approach, clients and industry leaders alike turn to Randy Finch about issues including:

  • Building Disputes
  • Engineering and Infrastructure Disputes
  • Operational Strategies
  • Growth and Divestiture Strategies
  • Regulatory Compliance
  • Legislative Change Needs

BUSINESS DISPUTES AND MANAGEMENT

As is also true of the construction industry, the general business world displays ample need for skillful application of sound business judgment and legal counsel.  The regulatory issues confronting agriculture, automotive, clothing, and food and beverage industries present their own unique business challenges and legal hurdles — including the probability for disputes and misunderstandings.  It is exactly the type of environment in which Randy Finch thrives and is well-prepared to help clients succeed.

When circumstances permit, Randy’s early involvement in business disputes usually begets the greatest potential for swift, cost-efficient outcomes.  His ability to analyze, negotiate, and devise forward-looking strategies consistently produces positive outcomes.  He emphasizes a proactive approach to dispute avoidance and resolution based on early positioning and negotiation.  Equally important, Randy’s trial, arbitration, and appeal experience informs legal strategy development, gives credibility to negotiations, and lends leverage and horsepower when needed.

FOR MANY IN NEED OF A LIFE LINE, THERE IS ONLY ONE PERSON TO CALL

Randy has always been a quick study.  Combined with his broad business and legal experience, clients value his deft ability to dispense informed responses and proven strategies to resolve matters quickly and efficiently.  They take comfort in knowing he will respond in their time of need.  They prize his unflinching readiness to make their problems his problems to resolve.  As a result, many clients have kept Randy on speed-dial for the entirety of his career.

Chambers and Partners interviewed clients, judges, arbitrators, and mediators about Randy and here is what they had to say:

—  “[Randy] Finch is a highly effective trial lawyer, strategist, and leader.”  —

—  “Mr. Finch is a top-tier construction lawyer.”  —

—  “He has all the talent you can ask for in a trial attorney and counselor.”  —

— Chambers USA Guide 2022, Construction in California Legal Rankings

As managing partner of the law firm and architect of its growth for the last twenty years, Randy is responsible for the strategic planning of firm operations and service delivery to meet client needs wherever, whenever, and whatever those may be.  Finch, Thornton & Baird’s respected reputation for quality legal work and the continued loyalty of many lifetime clients are testament to his business acumen and personal stake in our clients’ success.

  • Public and private works construction cases
  • Delay, disruption, inefficiency, and extra work claims
  • Impact and acceleration claims
  • Changed and differing site conditions claims
  • Mechanic’s liens, stop payment notices, and payment and performance bond claims
  • Contract defaults
  • Professional liability of architects and engineers
  • Latent and patent defects in construction and design
  • Federal, state, and local agency bid protests
  • Resolution of construction-related claims
  • Enforcement of creditors’ rights and defense of debtors
  • Business litigation including shareholder disputes, contract interpretation and enforcement, unfair business practices
  • California and federal False Claims Act litigation
  • Lender and vendor disputes
  • Representation of policyholders and their insurers in insurance covered and coverage disputes
  • Business transaction and pre-construction services, including insurance, licensing, and bonding matters
  • Joint venture issues and management
  • Construction management issues
  • Takeover and completion issues
  • Formation and counseling of corporations and limited liability companies
  • Shareholder and officer issues
  • Debt workouts
  • Development issues
  • General corporate counseling
  • Labor compliance
  • Real estate issues
Surety Awarded Fees and Costs Despite Bond Principal Having Paid the Freight

Cell-Crete Corporation v. Fed. Ins. Co. (2022) 82 Cal. App.5th 1090.  Payment bond surety sought fees and costs following summary judgment of plaintiff’s claims based on bond principal’s defeat of the claims in binding arbitration.  The trial court denied fees contending the fees were paid by the bond principal and not the surety.  Finch appealed the decision, resulting in the precedent setting appellate decision holding the surety does not have itself paid the fees and costs to be awarded fees and costs as the prevailing party.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

Design-Build Federal Contractor v. Framing Subcontractor

The firm represented the general contractor concerning the default termination of a framing subcontractor on a remote USACE project.  The case was filed by the general contractor against the subcontractor and its performance bond surety.  The claims included the general contractor’s for costs to complete and delay, and by the subcontractor for wrongful termination, lost profits and extra work.  The case was arbitrated over four days resulting in an award in favor of the general contractor against both the subcontractor and its surety. In a total amount exceeding $2.5 million, including an award of fees and costs in excess of the penal sum of the bond.  Notably, the surety never made an offer to settle.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

Successful Defense of Bid Protest – Client Awarded $4.5 Million Contract

The firm’s client was the low bidder on a multi-million dollar public works project involving improvements on a state highway for Caltrans.  The third-lowest bidder protested, contending that the client’s bid was materially unbalanced and contained an unwaivable error related to listing an incorrect bid item number on the DVBE form.

The firm met Caltran’s short deadline for response and successfully defended against multiple protest letters from the third-lowest bidder.  Based on the firm’s arguments, Caltrans denied the protest, and the contract, valued at approximately $4.5 million, was awarded to the firm’s client.

Counsel: P. Randolph Finch Jr., Daniel P. Scholz, and Matthew D. Seeley

Subcontractor v. General Contractor

RAIL PROJECT

The firm represented the general contractor in defense of an underground utility subcontractor’s multi-million dollar dispute concerning project delays and contractor’s license issues related to work on a rail project in California. Less than a month before trial, the case settled on favorable terms.

Counsel: P. Randolph Finch Jr., Jason R. Thornton, and David W. Smiley 

Bridge Builder v. Subcontractor

The firm represented a general contractor bridge builder against a specialty design-build subcontractor in a lawsuit.  Both parties alleged material breach by the other.  The firm negotiated a settlement with a seven figure payment to the firm’s client, plus an offset of the pre-breach subcontract balance.

Counsel: P. Randolph Finch Jr. and Thomas E. Diamond

Charter School v. Project Owner

RAIL PROJECT

The firm defended a general contractor against an indemnity claim brought by a public agency project owner in connection with an inverse condemnation claim.  As a result of the firm’s efforts, the public agency dismissed the firm’s client.

Counsel: P. Randolph Finch Jr. and David W. Smiley

General Contractor adv. Electrical Subcontractor

The firm represented the general contractor in defense of an electrical contractor’s multi-million dollar dispute concerning delay, disruption, and extra work on an airport taxiway project in California.  Less than a month before binding arbitration, the case settled on terms better for the firm’s client than a mediator’s proposal which followed mediation and continued settlement efforts by the mediator and subcontractor to settle.

CounselP. Randolph Finch Jr. and Andrea L. Petray

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 surety for the cost to complete the subcontractor’s work after the subcontractor asserted material breach and abandoned the project during construction.

Client was general contractor for a public work of improvement.

The project was a $145 million community college expansion project.  The plumbing subcontractor alleged it was entitled to walk because the project schedule was prolonged, portions of its work were wrongfully rejected, and its subcontract scope was increased.  The subcontractor and its surety disclaimed all liability for completion costs and engaged in protracted, multi-year litigation.

Subcontractor claim defeated. $4 million awarded to general contractor.

After an eleven-day hearing featuring 27 witnesses, a three arbitrator panel rejected the subcontractor’s $2 million affirmative claim and awarded the general contractor over $4 million, including fees, costs, and interest.  The award was promptly paid by the surety, whose highest pre-arbitration offer had been to pay $500,000.

Counsel: P. Randolph Finch Jr., Andrea L. Petray, and Thomas E. Diamond

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 on a public school project.  The subcontractor had walked off the job and sued the general for approximately $570,000.00.  The firm commenced arbitration against the subcontractor seeking almost $375,000.00 in costs to complete above the subcontract balance at termination.

During discovery it was learned the subcontractor had performed work for roughly a month without the proper license classification.  The firm obtained a binding arbitration award against the subcontractor for $1,374,290.69, which included disgorgement of all amounts paid to the subcontractor, the increased costs to complete, interest, and attorneys’ fees and costs.

The award was confirmed as a judgment against the subcontractor for the full amount awarded.

Counsel: P. Randolph Finch Jr., Jason R. Thornton, and Scott M. Bennett

Firm Recovers From Subcontractor’s Performance Bond Surety

The firm represented a general contractor in pursuing a subcontractor’s performance bond surety for the cost to complete subcontractor’s work.  The client was the general contractor for the construction of a public work of improvement.  Its landscaping subcontractor filed bankruptcy and abandoned its work on the project—thus forcing the general contractor to complete the work.  The firm made a demand on the subcontractor’s performance bond surety and negotiated payment by the surety for the cost to complete before suit was filed.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

Resolution of Claim by Cellular Concrete Supplier

The firm represented a joint venture of two top ENR general engineering clients in a dispute with a cellular concrete subcontractor regarding a grade separation rail project in northern California.  The dispute involved pay quantities of work performed, and delay and disruption claims by both sides of the dispute.  Based on the firm’s prior experience trying a very similar claim — and rare knowledge of the peculiarities of cellular concrete construction — the firm positioned the case for resolution at early mediation.  The case was resolved extremely efficiently on terms very favorable for the firm’s client.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

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 to the general contractor by the project owner, but withheld from the subcontractor.  The firm recorded a mechanic’s lien on behalf of the subcontractor and successfully obtained a summary judgment, arguing there was no dispute that all elements of a mechanic’s lien cause of action were satisfied.

The owner appealed arguing the subcontractor had no lien rights due to a recent corporate reorganization.  After extensive briefing and oral argument, the Court of Appeal upheld the judgment in favor of the subcontractor and the firm’s client was paid in full, including interest. ​

Counsel: P. Randolph Finch Jr., Jason R. Thornton, Andrea L. Petray, and Thomas E. Diamond

General Contractor v. Private Multi-Residential Project Owner

The firm represented the general contractor in pursuit of its contract balance and additional time-related costs incurred on a multi-residential apartment project.

Owner in denial.

The owner withheld the entirety of the contractor’s contract balance claiming extensive project delays and resulting liquidated damages. The owner refused to accept responsibility for delays caused by extra work and defective plans, forcing the firm to file suit for the general contractor.

Legal action results in $1.5 million negotiated settlement.

Following a thorough analysis of project documents, extensive written discovery and limited depositions, the firm retained a scheduling expert and presented a detailed trial-ready schedule analysis which demonstrated, as the firm had argued from the outset of the dispute, the owner was responsible for delay. The owner’s assessment of liquidated damages was meritless. The firm ultimately negotiated a $1.5 million settlement payment from the owner to the general contractor after several rounds of mediation.

Counsel: Jason R. Thornton and Justin M. Stoger

Rapid Recovery of Debt and Attorneys’ Fees on Multi-Parcel Foreclosure

The firm obtained a rapid recovery for a financier client on a past-due note secured by multiple properties.  The firm’s client received payment of a six-figure principal debt and all accrued interest, costs, and attorneys’ fees.

Counsel: P. Randolph Finch Jr. and Thomas E. Diamond

General Contractor v. Life Science Tenant

The firm represented the general contractor in pursuit of recovery of over $1 million in extra work claims on a $13 million tenant improvement project.  Claims were pursued based on the AIA contract documents through contractual mediation resulting in payment to the firm’s client in less than 70 days from when the firm was retained.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

Defeat of Writ of Mandate for General Engineering Contractor

The firm’s client was the low bidder for a state highway project in California.  The second bidder challenged the bid for listing different subcontractor participation percentages.  After the awarding state agency overruled the protest and awarded the contract to the firm’s client.

The second bidder filed a lawsuit seeking a writ of mandate.

The firm successfully persuaded the court to hear the matter on an expedited schedule so a decision could be obtained before construction work started.  After a writ of mandate trial by briefs, the judge upheld the award to the firm’s client.

Counsel: P. Randolph Finch Jr., Jason R. Thornton, and Scott M. Bennett

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 from delay, disruption, and inefficiency incurred building a freeway realignment, bridges, high-occupancy vehicle lanes, and parking lots.

Attention to every detail paved the way to a $7.5 million settlement.

The firm’s efforts included working with the project team to identify impacts, evaluate cause and effect, and price resulting changes.  The firm presented the claims to Caltrans during arbitration proceedings which resulted in an amicable settlement with payment to the firm’s client of $7.5 million.

Counsel: P. Randolph Finch Jr.

Federal Public Works Subcontractor v. Contractor

The firm represented a mechanical subcontractor pursuing claims for extra work, delay, and disruption experienced while performing work at a federally funded construction project.  The firm developed and submitted the subcontractor’s claims to both the general contractor and the Miller Act payment bond surety.  At an informal resolution meeting — prior to initiating legal proceedings — firm attorneys negotiated a six-figure settlement in favor of the subcontractor.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

Infrastructure/Bridge Contractor v. Surveying Company

The firm represented one of the largest bridge builders in the country in a dispute with a surveying company over the layout of bridge abutments.  The firm’s client alleged the surveyor made an error in its calculations resulting in improper layout and construction of two abutments in reliance on the survey data and staking.

Ensuing redesign resulted in additional costs, delay, and extra work.

The survey error required a redesign and enlargement of the two bridge abutments at an increased cost for the delay and extra work.  The firm prosecuted the claims in arbitration to a successful recovery of all of the increased costs its client incurred, plus profit on the extra work, and attorneys’ fees, for a total recovery of $1.85 million.

Counsel: P. Randolph Finch Jr. and Lindsey C. Herzik

Subcontractor v. Owner and Payment Bond Surety

The firm represented a subcontractor seeking recovery of the subcontract balances due for work it performed at two public schools.  The subcontractor fully performed its scope of work, but the general contractor failed to pay the subcontractor the entire subcontract amount.

The Firm filed suit for recovery on the subcontractor’s stop payment notice and on the general contractor’s payment bond for the projects at issue.

The firm engaged in significant discovery to all parties to the lawsuit and, after obtaining the responses and analyzing the project documents, was preparing to proceed to trial.  Subsequently, the firm negotiated a global settlement on behalf of the subcontractor with the payment bond surety and the subcontractor’s lower-tiers, resulting in a six-figure full recovery for the subcontractor.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

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 its pursuit of its contract balance, a time extension, and time-related and extra-work costs.  Over 2000 RFIs and 700 changes to the project design during construction resulted in a 15-month delay to a $125 million public work of improvement, which was originally to be completed in just over two years.

Rigorous analysis and A compelling defense result in $13 million settlement.

The owner refused to provide any time extension or pay time-related and extra-work costs, exposing the contractor to millions of dollars in liquidated damages and subcontractor claims.  Following a thorough analysis of project documents, the firm and its consultants prepared a compelling argument for owner liability, and negotiated a time extension and $13 million in additional compensation for the firm’s client.​

Counsel: P. Randolph Finch Jr., Andrea L. Petray, and Thomas E. Diamond

General Contractor Prevails In Wind Energy Construction Dispute

The firm represented the general contractor in a dispute with a multi-national subcontractor over the construction of 100 wind turbine generators in central California.

The project was delayed – causing the general contractor to declare the subcontractor in default.  The subcontractor claimed over $8 million in additional construction costs due to changes, weather delays, impacts, and acceleration.  The subcontractor brought arbitration against the general contractor for the increased costs.

The firm’s first task was to evaluate the merits of the parties’ positions and determine whether the case could be settled.  Based on the firm’s recommendation, the general contractor made a seven-figure statutory offer to settle the dispute.  The subcontractor rejected the settlement offer.

Discovery results in critical insights.

Through discovery, the firm learned the subcontractor had not been properly licensed, had executed certain claim releases during construction, and had not incurred the claimed acceleration costs.  Discovery took multiple years, with twenty-four depositions across the country and in Canada.  The matter proceeded to a three-week arbitration at which eighteen witnesses were called.  During arbitration, the firm successfully rebutted the subcontractor’s excessive and inflated claims.

Firm and client prevail in arbitration.

Following arbitration, the subcontractor was awarded a small percentage of its overall claim.  Most importantly, the amount awarded to the subcontractor was less than the settlement amount offered by the general contractor years before.  As a result, the arbitrator ruled the firm’s client was the prevailing party in the matter, and that the firm’s client was entitled to its attorneys’ fees and costs to defend against the claim.

In the end, the firm’s client paid nothing to the subcontractor — a result significantly better for the firm’s client than had it accepted any of the multiple settlement offers made by the subcontractor.

Counsel: P. Randolph Finch Jr., Daniel P. Scholz, and Lindsey C. Herzik

General Contractor v. Private Mixed-Use Project Owner and OCIP Insurer

The firm represented an ENR Top 50 general contractor to recover the contract balance and repair costs incurred on the construction of a mixed-use office and apartment building in San Diego, California.  The project suffered property damages caused by a plumbing subcontractor.  The general contractor incurred significant costs to perform repairs.

The owner asserted claims against the general contractor and withheld payment.

Following a detailed analysis of project documents, the parties’ claims, and applicable insurance policies, the firm was prepared to file a lawsuit.  However, through persuasive argument — combined with its early efforts to understand its client’s positions — the firm negotiated a favorable monetary settlement with full payment to the general contractor from the owner and the owner’s OCIP insurer before a lawsuit was filed.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

Public Works Plumbing Subcontractor v. General Contractor and Payment Bond Surety

The firm represented a plumbing subcontractor to pursue claims for the unpaid subcontract balance plus delay and disruption for work performed at a publicly funded construction project.  After filing suit against the general contractor and its payment bond surety, the firm obtained public records demonstrating the general contractor was paid for the work of the subcontractor, but had not paid the subcontractor.

Public records leveraged in negotiating six-figure settlement.

The firm used the public records to negotiate a six-figure settlement where the general contractor paid the subcontractor all amounts due, prompt-payment penalties of two percent per month, as well as all attorneys’ fees and costs incurred to pursue payment.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

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 extra work on a luxury mid-rise condominium project.

The Firm perfected its client’s mechanic’s lien and stop payment notice remedies, which were bonded off by the general contractor who contended nothing was due to the subcontractor because of defective work and delay caused by the subcontractor.  Despite the Firm’s efforts for settlement, the general contractor and its surety never made an offer to pay the Firm’s client any amount.

The dispute was tried to a San Diego jury over three weeks.

The Firm used building modeling to create 3-D demonstrative exhibits allowing the jury to see how a structural concrete building is built from the ground up, and better understand the testimony of the witnesses.  The Firm’s experts testified with demonstrative exhibits which summarized and simplified complex critical path method opinions.

The jury’s verdict was 12-0 in favor of the Firm’s client.

The jury awarded every penny the Firm asked for against both the general contractor and its surety.  Following post-trial motions, the judge awarded all requested pre-judgment interest, all expert witnesses fees, all court costs, and all attorneys’ fees incurred through the verdict.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

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 (CIPP) project.

The Firm helped position its client to declare owner default, stop work based on owner breaches of Public Contract Code section 1104 (lack of buildable plans), and avoid performance bond surety takeover, as well as mitigate risk with the client’s CIPP subcontractor, its surety, and liability insurers.  These tasks required a thorough understanding of the CIPP specifications, the CIPP industry players, and strong relationships with the sureties.

The project owner sought over $10 million from the Firm’s client and surety.

Post declaration of default, litigation commenced among the client, project owner, subcontractor, and sureties, with the project owner seeking more than $10 million from the Firm’s client and surety.  The Firm was able to shift defense costs to liability insurers and mitigate the out-of-pocket litigation costs to its client.  The project owner incurred over $1 million in attorneys’ fees.

The case settled for payment to the Firm’s client.

After two years of litigation, depositions of the key project participants and CIPP industry participants around the country, with a six-week jury trial looming, and following three mediation sessions over six months, the case settled for payment to the Firm’s client, hailed as an excellent result in this bet-the-company (and personal assets supporting the bonding line) case.

Counsel: P. Randolph Finch Jr., Nowell A. Lantz, and Andrea L. Petray

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 extra work.

The Firm perfected its client’s mechanic’s lien and stop payment notice remedies, which were bonded off by the general contractor who contended nothing was due to the subcontractor because of defective work and delay caused by the subcontractor.  Despite the Firm’s efforts for settlement, the general contractor and its surety never made an offer to pay the Firm’s client any amount.

The dispute was tried to a San Diego jury over three weeks.

The Firm used building modeling to create 3-D demonstrative exhibits allowing the jury to see how a structural concrete building is built from the ground up, and better understand the testimony of the witnesses.

The jury’s verdict was 12-0 in favor of the Firm’s client.

The jury awarded every penny the Firm asked for against both the general contractor and its surety.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

General Contractor v. California Department of Corrections and Rehabilitation

The Firm represented a general contractor in a bid protest for award of a $100mm project.  The Firm’s client protested the low bid based on subcontractor percentage irregularities, and alleged the low bidder had an unfair competitive advantage.  The California Department of Corrections and Rehabilitation essentially ignored the protest resulting in the Firm filing a lawsuit for writ of mandate, injunction, and promissory estoppel.

After three separate hearings and a trial, the Superior Court issued a writ of mandate declaring the award to the low bidder illegal, issued a permanent injunction requiring the work on the project to stop, and awarding the Firm’s client nearly $300,000.00 in bid preparation costs, court costs, and interest.

The trial decision was upheld on appeal in a published decision addressing the promissory estoppel issue.

Counsel: P. Randolph Finch Jr. and Jason R. Thornton

West Coast Air Conditioning Co., Inc. v. California Department of Corrections & Rehabilitation

The Firm represented the second bidder in a procurement dispute concerning a $100 million HVAC improvement project at Ironwood State Prison.  The Firm’s client challenged the low bidder and successfully obtained a writ of mandate (declaring the contract awarded to the low bidder illegal) and a permanent injunction (barring further work and forcing the job to stop).

The Firm also prosecuted a promissory estoppel claim for recovery of bid preparation costs resulting in a judgment after trial of nearly $300,000.00 in bid preparation costs, court costs, and interest.  The California Department of Corrections & Rehabilitation appealed the promissory estoppel judgment.

In a precedent setting case, the appellate court unanimously affirmed the judgment holding the grant of a writ of mandate and injunction, not followed by an award of the contract to the challenging bidder, is ineffective relief entitling the challenging bidder to recover bid preparation costs.

(2018) 21 Cal.App.5th 453

Counsel: Representing attorneys include P. Randolph Finch Jr. and Jason R. Thornton.

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 projects.  The projects included public schools, law enforcement and aviation facilities, and included multi-prime contract projects.  The firm filed stop notices, payment bond claims and multiple complaints on the seven jobs.  Prior to incurring extensive discovery and expert costs covering the seven projects, and after the case was assigned to the same trial judge who had entered judgment after trial in favor of another client of the firm [represented by attorneys Finch and Jones against the same defendant], the firm pushed the case into mediation.  After a comprehensive presentation by the firm, the case was resolved at the mediation.

Riverside Superior Court (Indio) Case No. INC 10005575

Counsel: P. Randolph Finch Jr.

Protest Of Bid Responsiveness And DVBE Outreach

The firm’s client was the low bidder for the electrical bid package on a multi-prime California public high school construction project.  After the bid opening, a competing bidder protested the low bid, alleging the firm’s client lacked a mandatory installer certification and failed to meet mandatory Disabled Veteran Business Enterprise outreach requirements.  The firm immediately filed a comprehensive response to the protest and reached out to the school district’s facilities staff.  After evaluating the firm’s response, the District rejected the bid protest and awarded the electrical bid package to the firm’s client.

Desert Sands Unified School District Project

Counsel: P. Randolph Finch Jr.

Submission of Proposed Final Estimate

The firm’s client was the prime contractor on a five-year project to widen Interstate 405 in the Culver City/Santa Monica area.  The project suffered from numerous delays, disruptions, scope changes and differing site conditions, which resulted in more than $40 million in claims against Caltrans.  The firm worked on the contractor’s comprehensive Response To Proposed Final Estimate, which detailed the dozens of prime contractor and subcontractor claims.  The claims were later settled.

Caltrans Contract No. 07-117844

Counsel: P. Randolph Finch Jr.

Select Electric, Inc. v. Balfour Beatty/Ortiz Enterprises, Inc. et al.

The firm initiated litigation on behalf of the electrical subcontractor on the Metropolitan Transit System’s light rail construction project which extended the San Diego Trolley system to eastern portions of San Diego County.  The project had been severely delayed and disrupted and the firm filed suit to recover: (1) subcontract balance held by the general contractor based on a liquidated damages claim asserted by the owner; and (2) delay and disruption damages incurred by the electrical subcontractor.  The firm recovered, via settlement, in excess of 100 percent of the subcontractor’s principal delay and disruption damages from the owner and the entire subcontract balance from the general contractor.  The firm’s client avoided what became a multi-month jury trial between the owner and general contractor in Imperial County.

San Diego Superior Court Case No. 37-2007-00066282-CU-BC-CTL; Imperial County Superior Court Case No. ECU03524

Counsel: P. Randolph Finch Jr.

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, disruption, differing site conditions, and quantity adjustment claims through the Office of Administrative Hearing Arbitration process.  The firm recovered payment to its client of $8.79 million.

Counsel: P. Randolph Finch Jr.

Engineering Contractor v. Caltrans

The firm represented an ENR Top 20 engineering contractor in recovery against Caltrans for delay, disruption, differing site conditions, and quantity adjustment claims.  The firm recovered payment to its client of $11.6 million.

Counsel: P. Randolph Finch Jr.

ENR Top 30 Engineering Contractor v. Caltrans

The firm represented an ENR Top 30 engineering contractor in recovery against Caltrans for delay, disruption, differing site conditions, and quantity adjustment claims through the Office of Administrative Hearings Arbitration process.  The firm recovered payment to its client of $9.2 million.

Counsel: P. Randolph Finch Jr.

Engineering Contractor v. City of Los Angeles

The firm represented the general contractor as project counsel with regard to a bridge replacement job in the City of Los Angeles.  The project was plagued with differing site conditions, environmental restrictions, extra work, and related issues.  The firm’s efforts over a three-year period, included managing consultants to assist with time impact analyses, impact pricing and presentations, and resulted in an increase to the contract price of $6.1 million and amicable closeout of the project.

Counsel: P. Randolph Finch Jr.

Supplier Payment Claim on Public Project

The firm represented a material supplier in a claim for recovery of amounts due for materials it furnished to a subcontractor on a publicly funded construction project. The firm was brought in prior to completion of the project to enforce stop notice, payment bond, and contract claims. After the firm filed suit against the subcontractor, general contractor, project owner and payment bond surety, the matter settled with payment to the firm’s client of the full principal amount due, plus attorneys’ fees.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

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 this unique government contract over a four years duration.  Significant legal issues included demobilizing from the project when a key milestone was not met, return to work with guaranteed payment funding by the general contractor, and negotiation of over 40 change orders which expanded the subcontract scope of work and price from $250,000 to nearly $100 million.

Counsel: P. Randolph Finch Jr., Jason R. Thornton, and Christopher R. Sillari

Insurance Company – Collections and Judgment Enforcement

The firm represented an insurance company and filed multiple lawsuits against customers who failed to pay workers’ comp and bond premiums.  With the appropriate pressure, the firm obtained favorable settlements collecting significant returns where the insurance company’s collection efforts had failed.  Where the defendants failed to appear in the lawsuits, the firm obtained default judgments and expeditiously enforced the judgments through debtor’s examinations, liens, and bank levies.

Counsel: P. Randolph Finch Jr. and Kelly A. Floyd

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

The firm represented a construction manager in defense of a cross-complaint filed by a prime trade contractor.  The prime trade contractor sought damages from the client for fraud, intentional interference with a contract, interference with business, equitable indemnity, express indemnity and implied indemnity related to the processing and payment of deductive change orders related to the prime trade contractor’s work.
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The firm filed two demurrers, obtaining dismissal of all indemnity and fraud claims.  After eliminating more than half of the prime trade contractor’s causes of action through demurrer, the case was settled at mediation without payment by the firm’s client.

San Diego Superior Court Case No. 37-2012-00052831-CU-BC-NC
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Counsel: P. Randolph Finch Jr. and Andrea L. Petray

Subdivision Development Bond Exoneration

The firm was retained by a multi-home developer to obtain a partial release of surety bonds securing a large subdivision development.  The client’s goal was to perform a reduced scope of work and obtain exoneration of the bonds from the public entity as the development was no longer economically viable.  The firm devised a plan and through litigation obtained complete exoneration of bonds with penal sums in excess of $6.5 million, with no work required by the firm’s client.​

Counsel: P. Randolph Finch Jr. and Jason R. Thornton

General Engineering Contractor v. Inland Empire City

The firm was retained by the general engineering contractor at the end of a public work construction project to pursue a claim against the City for differing site conditions.  A Disputes Review Advisor had opined the claim had no merit. 

[expand title=”Read More” swaptitle=”Less”]In order to overcome the claim denial, the firm took a fresh look at the factual and legal bases for the claim, and evaluated available public records as well as the project files.  The firm re-packaged the claim and proved that utility poles had been moved post-bid and pre-construction by others causing a differing site condition, and that the City knew of these facts and had not disclosed them.  The claim settled following an evaluative mediation process where the mediator was asked to opine on the merits of the claim.
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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 work performed on a publicly funded construction project. The firm was brought in at the conclusion of construction to prepare stop payment notice, payment bond and contract claims, and file suit to recover the balance due for work performed by the subcontractor on the project. The matter settled after mediation with payment to the firm’s client for the full subcontract balance, attorneys’ fees and interest.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

Wrongful Termination Of Construction Manager By Public School District

The firm represented a construction manager who was wrongfully terminated from two school district projects and was owed substantial amounts for work performed.  The firm sued the school district and immediately served the district with aggressive discovery, while also pushing for an early mediation.  In preparation for mediation, the firm performed a detailed investigation of the facts supporting the construction manager’s case and prepared an effective mediation presentation.  At mediation, the firm obtained a favorable settlement that included a retraction of the terminations for cause and significant payment by the district.  Following the legally required waiting period for bringing such a claim against a government agency, the litigation was resolved in a matter of months.

Counsel: P. Randolph Finch Jr., Louis J. Blum, and Kelly A. Floyd

Randy Finch represents many of the leading companies listed on the Engineering News-Record (ENR) Top 400 Contractors and ENR Top 400 Specialty Contractors nationally, and dozens of ENR California Top Contractors.

(858) 737-3100; Ext. 3110

(858) 737-3101

Natasha Horn
Paralegal
  • Construction Law
    • Claims & Disputes
    • Local Agency, Municipal & State Contracts
    • Federal Procurement & Claims
    • Project Counsel
    • Prime Contracts & Subcontracts
    • Real Estate
    • Corporate
    • Collections
    • Insurance Defense
  • Business & Commercial Litigation
  • Business & Commercial Transactions
  • Real Estate
  • Liability Defense
  • California: State and Federal Courts
  • Colorado: State and Federal Courts
  • Texas: State Court
  • U.S. Court of Federal Claims
  • University of San Diego School of Law, J.D.
  • University of San Diego, B.B.A., Business Administration
  • State Bar of California
  • American Bar Association
    • Construction Industry Forum
  • Associated General Contractors of America, San Diego Chapter
    • Board of Directors
    • Government Relations Committee
    • Political Action Committee
    • Lecturer, construction law issues
  • The Beavers, Inc.
  • The Fellows of the American Bar Foundation
  • Ranked among the top attorneys in Construction, California section, of Chambers 2020, 2021, 2022, and 2023 USA Guides.
  • Martindale-Hubbell A.V.-Preeminent, highest rating in recognition of high level of skill and integrity
  • San Diego Super Lawyer for Construction Litigation by Super Lawyers Magazine in 2007–2010, 2012–2024
  • Top 25 San Diego Construction Attorney in 20062008, and 2011
  • Top 10 Real Estate/Construction Litigation Attorney in 2012 and 2013 by the San Diego Daily Transcript
  • Top 50 San Diego Attorney in 2015 by the San Diego Daily Transcript
  • Best of the Bar 2016 by the San Diego Business Journal
  • Top Lawyers In San Diego in Construction Law in 2013 by San Diego Magazine
  • 2010 Top Influential honors as one of San Diego’s Top Industry Leaders by the San Diego Daily Transcript
  • Board of Directors, Voices for Children
  • Ex officio member of several clients’ boards of directors

Mr. Finch is an accomplished public speaker and published author.  He regularly addresses the construction community on a range of training and educational topics, including:

Finch & Griffin, Best Practices for Statutory Cost-Shifting Offers in Arbitration (2020) 75 Am. Arb. Ass’n Disp. Resol. J. 31.

Lease-Leaseback Construction Under AB 2316 Effective 1-1-17

New Developments In Public And Private Works Construction Law

Taming The Phone In Your Pocket: How To Harness Mobile Technology For Project Documentation And Risk Management

Construction Default Reprocurement

The Future Of K-12 Construction: Alternatives To Design-Bid-Build

Proving And Defending Construction Delay Claims

The Best Delivery Method For Your Project

Building A Foundation For Managing Complex Construction Law Issues In California

The Little Red School House: Alternatives To Hard Bid Construction In California

Mechanic’s Lien Law And Strategies In California

Chambers Ranked in 2023 USA Guide badge for P. Randolph Finch Jr.
2021 Martindale-Hubbell Bar Register Preeminent Lawyers Logo.
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