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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

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…

Firm Represents Desalination Developer

The firm played central role in representing the lead developer and operator in negotiation of…

Subcontractor vs. Design-Builder Client

Client design-builder had an approximately $14 million dispute with its concrete subcontractor related to construction…

Prime Contractor v. Water District

The firm represented the prime contractor constructing a water reclamation and treatment project for a…

Subcontractor v. General Contractor

RAIL PROJECT The firm represented the general contractor in defense of an underground utility subcontractor's…

Bridge Builder v. Subcontractor

The firm represented a general contractor bridge builder against a specialty design-build subcontractor in a…

Charter School v. Project Owner

RAIL PROJECT The firm defended a general contractor against an indemnity claim brought by a…

Local Public Agency v. Prime Contractor

The firm represented the prime contractor in a claim by a school district that the…

General Contractor adv. Electrical Subcontractor

The firm represented the general contractor in defense of an electrical contractor's multi-million dollar dispute…

General Contractor Awarded Completion Costs and Attorneys’ Fees After Subcontractor Abandonment

The firm represented a general contractor in pursuing a plumbing subcontractor and its performance bond…

General Contractor Awarded Contract After Bid Protest

The firm’s client was the second-low bidder on a public works contract for a Southern…

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…

Judgment Obtained Against the Navy

The firm represented a prime contractor in an action against the Department of the Navy…

Prime Contractor Recovers Damages for Delay, Including Home Office Overhead

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

General Contractor Awarded $10 Million Contract After Bid Protest

The firm's client was the second-lower bidder on a public works contract that involved campus…

Architect v. Lease-Leaseback Contractor

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

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…

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…

McGee v. Balfour Beatty Construction, LLC (Second Appeal)

The firm represented a lease-leaseback contractor performing work for the Torrance Unified School District.  A…

Infrastructure/Bridge Contractor v. Surveying Company

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

Subcontractor v. Owner and Payment Bond Surety

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

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

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

Firm Obtains Dismissal Of General Contractor In Design Defect Case

The firm's client was hired by Caltrans to construct a retaining wall that was built…

California Taxpayers Action Network v. Taber Construction, Inc. (2019)

The Firm represented a lease-leaseback contractor performing work for the Mt. Diablo Unified School District. …

Design-Build Contractor Awarded Seven-figure Settlement

The firm represented a large design-build contractor on an approximately $100mm design-build public work of…

Local Public Agency v. Prime Contractor

The firm represented the prime contractor in a claim by a school district that the…

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…

McGee v. Balfour Beatty Construction, LLC

The Firm represented a lease-leaseback contractor performing work for the Torrance Unified School District.  A…

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…

General Contractor v. California Department of Corrections and Rehabilitation

The Firm represented a general contractor in a bid protest for award of a $100mm…

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