Thomas E. Diamond

Attorney

Both cautious and meticulous, Thomas strives to see every issue from all sides; a practice that results in a better understanding of the strengths — and weaknesses — of a legal position. He also recognizes the difference between what is possible and what is practical.

Attorneys

gqvnzbaq@sgoynj.pbz

(858) 737-3100, Ext. 3116

(858) 737-3101

PROFILE

Thomas Diamond works with business owners, executives, and in-house counsel to provide legal expertise in construction law, business and commercial litigation, and government and regulatory law. His construction practice focuses on bringing effective and efficient resolution to matters involving public and private works disputes, surety bond claims, and collections. Thomas also works with both large and small businesses, and individuals, on a variety of general business and commercial disputes.

Mr. Diamond’s strengths include the readiness to apply the effort necessary to master complex topics and to simplify them into their basic components. Both cautious and meticulous, Thomas strives to see every issue from all sides; a practice that results in a better understanding of the strengths — and weaknesses — of a legal position. He also recognizes the difference between what is possible and what is practical. These are worthy qualities for an attorney to have in a profession for which it is prudent to remain a step ahead.

CLAIMS AND DISPUTES

The construction arena presents many challenges for local, state, and federal prime contractors, and subcontractors seeking to pursue general contractors, project owners, and designers for recovery of extra work claims caused by design changes, delays, errors, and omissions. Specialty subcontractors in electrical, grading and excavating, mechanical, and carpentry trades share similar payment pains caused by upstream project participants. Driven by his strong work ethic and penchant for detail — combined with the firm’s aggressive representation approach — Thomas produces positive resolutions and results.

COLLECTIONS

General contractors, design-builders, and construction managers frequently encounter payment delays from project owners. In turn, downstream trades suffer from not being paid their contract balance or for extra work performed. Successfully resolving such payment claims requires skillful utilization of statutory remedies including liens and stop payment notices. It is an area in which Thomas is achieving positive results. Thomas also offers the ability to defend clients seeking to minimize their liability when they find themselves on the wrong end of a collections claim.

BUSINESS & COMMERCIAL LITIGATION

Working with general contractors, design-builders, construction managers, and insurance companies, Thomas’s practice also includes litigation. Whether he is prosecuting to secure collections payments or defending clients so as to minimize liability, Thomas is determined in his approach. Thorough due diligence, attention to detail, pragmatic cost analysis, and creative legal thinking lead the way — and are paramount to the success of Thomas and to the benefit of our clients.

EXPERIENCE

Construction litigation
Public and private works disputes
Mechanic’s liens, stop payment notices, and payment bond claim
Subcontractor default issues

Commercial sales
General business litigation
Land use, planning, and development issues

RESULTS

SUCCESSFUL BID PROTEST, PUBLIC WORK OF IMPROVEMENT CONTRACT

October 7, 2024

The firm’s client was the second-low bidder on a public works contract for the City of Pomona. However, the low bidder had not duly complied with the bid requirements. Specifically, the low bidder had submitted an unbalanced bid with a mathematical error. The firm protested that the low bidder’s bid error was a non-material defect which rendered the bid non-responsive. The City agreed, rejecting the low bid and awarding the project to the firm’s client.

Counsel: Daniel P. Scholz and Madeline L. Gilmore

General Contractor Terminates Surveyor For Racial Bigotry

September 16, 2024

The firm represented the general contractor on an airport improvement project. A surveyor was overheard referring to a project engineer using a bigoted racial slur, and the surveyor denied the occurrence and then objected to substitution from the job. After an evidentiary hearing pursuant to Public Contract Code Section 4107, the project owner affirmed grounds for removal existed, allowing the general contractor to terminate the surveyor and complete the work consistent with its commitment to inclusion.

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

Design Build Contractor v. State DOT

September 9, 2024

The firm represented a design-build contractor in arbitration related to cost overruns and delays caused by the state’s failure to acquire essential land for a critical project component. The case was heard before a three-arbitrator panel. After nine days of hearings and testimony from 15 witnesses, the panel ruled in favor of the firm’s client, awarding a total of $3.25 million.

Counsel: P. Randolph Finch Jr. , Kelly A. Floyd , and Thomas E. Diamond

Bridge Builder v. Subcontractor

May 30, 2023

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

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

July 7, 2022

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

Real Estate Financier Secures Profitable Investment and Recovery of Attorneys’ Fees

June 17, 2022

The firm represented a real estate investor who had purchased property on behalf of a joint venture, putting his partner on title. When the partner failed to uphold her side of the agreement and, more importantly, began withholding property-generated income, the firm initiated a partition lawsuit to recover the investor’s investment and damages. The firm subsequently negotiated a favorable settlement to recover attorneys’ fees and collection costs, and transition the investor into the status of secured creditor.

Trouble persists, but perseverance pays off.

When the joint venture partner failed to make payment, foreclosure proceedings were immediately initiated. The firm again negotiated a favorable settlement which recovered substantial default interest, attorneys’ fees, and collection costs. It also included a restated secured promissory note with a limited term and a well-above-market interest rate. The former partner successfully paid off the loan and returned the investor significant profit on his initial investment.

Counsel: Jason R. Thornton and Thomas E. Diamond

Subcontractor Recovers on Mechanic’s Lien After Summary Judgment Upheld on Appeal

December 28, 2020

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

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

December 10, 2020

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