Collections
For contractors seeking relief from non-payment, Finch, Thornton & Baird, LLP offers decades of construction law collections experience throughout California, as well as in Arizona and Nevada. Our collections attorneys have prosecuted and defended mechanic’s liens for private works, and stop payment notice and payment bond claims for both private and public works with excellent results. If getting paid is your goal, the office of Finch, Thornton & Baird should be your legal destination.
UNDERSTANDING CONSTRUCTION COLLECTIONS STATUTES INSIDE AND OUT.
There may be no other industry that provides such unique and procedurally-intensive statutory remedies for payment disputes. Whether to employ a mechanic’s lien, stop payment notice, or payment bond will depend on the circumstances of each project and dispute. But successful recovery under any of these legal remedies is achieved only by knowing which strategy to deploy combined with a detailed understanding of the very precise statutes and adherence to specified notice and filing requirements.
COLLECTIONS PROSECUTION: THE PATH TO GETTING PAID.
General contractors, design-builders, and construction managers encounter payment delays from project owners. In turn, trade subcontractors suffer from not being paid their contract balance or for extra work performed for the general contractor or owner. It is a vicious cycle that often demands legal intervention. Our collections law attorneys are highly experienced in the diverse statutory remedies that assure aggressive collection of all amounts due and can provide creative solutions to correct client mistakes in statutory compliance. Most importantly, they excel at securing collections payments through mechanic’s liens, stop payment notices, and payment bonds.
COLLECTIONS DEFENSE: THE LEGAL ART OF ASSET PROTECTION.
The firm’s proven history in prosecuting collections is driven by the learned ability to provide unique defense strategies for payment claims brought by lower-tier subcontractors. This includes the preparation and presentation of offset claims which allow clients to avoid or reduce liability on otherwise valid payment claims. A high level of attention to detail, pragmatic cost analysis, and early identification of accounting and claim discrepancies are paramount to success. So too are our many years of experience working with general contractors to reduce and avoid liability based on discrete fact patterns.
Bottom line, experience, extreme due diligence, creative solutions, and the firm’s aggressive approach empowers our legal team to consistently achieve positive outcomes, minimize client liability, and reduce the time to resolution. We believe these qualities differentiate us from other construction law firms.
Our expertise with Collections include:
- Stop payment notice
- Performance bond
- Payment bond
- Mechanic’s lien
- Resolution of disputes
General Contractor v. Subcontractor Performance Bond Surety
The firm represented a general contractor on two publicly funded construction projects related to the…
Firm Forecloses Mechanic’s Lien
The firm sued to foreclose a rooftop solar contractor’s mechanic's lien against a property in…
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…
Real Estate Financier Secures Profitable Investment and Recovery of Attorneys’ Fees
The firm represented a real estate investor who had purchased property on behalf of a…
National Subcontractor Prevails in Mediation versus Metropolitan Water District of Southern California
The firm represented a national subcontractor in multi-party litigation against the prime contractor and its…
Foreclosure of Lien Against Residential Subdivision
The firm sued to foreclose a design professional's lien against a residential subdivision in Riverside…
Prime Trade Contractor Avoids Liquidated Damages Claim
The firm represented a prime trade contractor in a dispute with a school district primarily…
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…
General Contractor v. Private Multi-Residential Project Owner
The firm represented the general contractor in pursuit of its contract balance and additional time-related…
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…
Workers’ Compensation Insurance Policy Premium Collection
The firm represented an insurance company to recover the premium owed for a one-year workers’…
Electrical Subcontractor Recovers Full Payment On Miller Act Claim
The firm represented an electrical subcontractor in a claim for the balance due for work…
HVAC Subcontractor Recovers Payment from General Contractor on Mechanic’s Lien
The firm represented a subcontractor in a claim for recovery on amounts due for work…
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…
Concrete and Masonry Subcontractor Claim on a Private Project
The firm represented a concrete and masonry subcontractor in a claim for recovery of its…
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…
Structural Concrete Subcontractor Wins Verdict 12-0 v. General Contractor
The Firm represented the structural concrete subcontractor seeking recovery of payment for subcontract balance and…
Structural Concrete Subcontractor v. General Contractor (Luxury Mid-rise Condo Project)
The Firm represented the structural concrete subcontractor seeking recovery of payment for subcontract balance and…
Subcontractor Payment Claim on a Public Project
The Firm represented a subcontractor in a claim for recovery of amounts due for scope…
Supplier Payment Claim on Public Project
The firm represented a material supplier in a claim for recovery of amounts due for…
ProUsys, Inc. v. Taisei-T&K Joint Venture
The firm represented the programming subcontractor in complex, multi-party litigation arising from the expansion of…
Engineered Structures of San Diego, Inc., dba Cairo Construction Company v. CH2M Hill Constructors, Inc. et al.
The firm represented a subcontractor in litigation arising from the construction of a large wastewater…
Johnson, Barnes & Finch, Inc. v. Meier Pacific, Inc. et al.
Numerous subcontractors initiated litigation against the firm’s general contractor client and the project owner to…
Quality Interiors, Inc. v. Brawley Luckey Ranch, L.P. et al. [and consolidated cases]
The firm represented six clients with claims for payment on a private 500 unit development…
RePipe – California, Inc. v. W I T Pipeline Rehab et al.
The firm initiated litigation on behalf of a pipeline rehabilitation subcontractor on a City of…
Jaynes Corporation of California v. Pro-Tech Fire Protection Systems Corporation
The firm’s client was the prime contractor on a large-scale water treatment plant project. The…
Subcontractor Default And Miller Act Claim – Department Of Army Project
The firm represented the prime contractor on a federal drainage channel project administered by the…
Brewer Corporation dba Brewer Crane & Rigging v. TM Structural, Inc.; and Division 8, Inc. v. Mi Arbolito
The firm represented two clients, Brewer Crane & Rigging Company and Division 8, Inc. with…
T.B. Penick & Sons, Inc. v. Hardy Construction, Inc.
The firm successfully represented T.B. Penick & Sons, Inc., on its claim for payment on…