Marks, Finch, Thornton & Baird, LLP (858) 737-3100
Allison N. Cooper, Attorney
Allison N. Cooper practices in the areas of construction law, business and commercial litigation, and business and commercial transactions. Her practice includes representing clients in public and private works disputes, subcontractor default issues, commercial sales and other business litigation, real property issues, company formations, business successor issues, and share sales. She is well versed in construction collection remedies, bankruptcy, and title claims, and has used these skills to collect tens of millions of dollars for clients.
Ms. Cooper is admitted to practice before all California state courts and the United States District Courts for the Southern and Central Districts of California. Ms. Cooper was named one of San Diego Daily Transcript’s Top Young Attorneys in 2007 and 2008. She received her juris doctor from the University of San Diego School of Law. Ms. Cooper received her Bachelor of Science in Business Administration in just three years from the University of Southern California. While at USC, Ms. Cooper was an active member of Delta Gamma and served as its Director of Scholarship. She is an active member of the Junior League of San Diego, and has served as a mentor to the charity’s new members.
Representative Experience
DOE Aggregates, Inc.
2010: The firm represented its client in all aspects of an aggregate material mining operation, including obtaining state and local agency approvals of Conditional Use Permit, reclamation plan, reclamation bonds and insurance, drafting and negotiation of land lease, and mining agreements for total potential mine production of 4,000,000 cubic yards of material.
Quality Interiors, Inc. v. Brawley Luckey Ranch, L.P. et al. [and consolidated cases] Imperial County Superior Court Case No. ECU04153
2009: The firm represented six clients with claims for payment on a private 500 unit development project and related public improvements located in Brawley, California. Despite an insolvent developer, the firm recovered nearly $6 million for its clients, with three site improvement contractors each recovering in excess of 100 percent of their principal claims. The firm pursued litigation for recovery on public works payment bond, mechanic’s liens, bonded stop notices, breach of contract, and related causes of action against the project owner, construction lender, homeowners, and bond sureties. The case concerned a $35 million construction loan which the lender ceased funding as the project property value fell to less than $4 million. The firm successfully argued that the borrowing base credit line theory claimed by the construction lender to cease funding and paying contractors was invalid and did not absolve the lender of liability on either stop notices or mechanic’s lien claims.
Acquisition Of Mining Rights And Operations
2009: Negotiated and structured acquisition of mining rights via a long term mining lease on behalf of client. The firm also advised client on the complex environmental and permitting issues related to operations, including environmental indemnity agreements and the conditional use permit required for the mine.
County of Imperial v. RSM2 Contractors, Inc. Agricultural Commissioner Office Building Project
2007: The firm represented the general contractor in disputes concerning the destruction by fire of a $1.5 million public project that was 99 percent complete. The public entity owner and its insurance carrier claimed the general contractor was contractually obligated to obtain builder’s risk insurance coverage for the loss and despite not having it, was responsible for the cost to rebuild. The firm argued the existence of duplicate coverage through a public entity risk sharing policy absolved the contractor of liability for the alleged failure to obtain insurance. Following mediation and a series of negotiations, the firm’s client avoided liability for the loss with insurance carriers paying the firm’s client to rebuild the project.
