Dustin R. Jones, Attorney

Dustin R. Jones practices in the areas of business/commercial litigation and construction law. Mr. Jones’s practice includes various litigation matters from complaint filing through judgment, involving general/subcontractor disputes, owner/general contractor disputes, contract defaults, surety bond claims, contract interpretation, bid protests, and lien law. He represents clients in matters involving both public and private projects. His practice also includes representation of clients in other business and commercial litigation including material sales, business disruption claims, contract disputes, unfair business practices, complex public works, and false claims allegations.

Mr. Jones is admitted to practice before all California state courts and the United States District Courts for the Central, Eastern, and Southern Districts of California. Mr. Jones received his juris doctor from the University of San Diego School of Law, from which he graduated magna cum laude and was made a member of the Order of the Coif. In law school, he pioneered the International Commercial Arbitration Moot Court Program that is now a staple of USD Moot Court options. He received his Bachelor of Arts in Economics and Legal Studies at the University of California, Berkeley, where he was a member of the Alpha Delta Phi Literary Society.

Bar Admissions

  • California (state courts)
  • U.S. District Courts of California (Central, Eastern, and Southern)

Education

  • J.D., Magna Cum Laude, Order of the Coif – University of San Diego
  • B.A., Economics and Legal Studies – University of California, Berkeley

Areas of Practice

Representative Experience

Protest Of Bid Responsiveness And DVBE Outreach Desert Sands Unified School District Project

2011: 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.

Declaration of Bid Non-Responsiveness City of Riverside Fire Station Project

2011: The firm’s general contractor client submitted a prime bid for a $9.3 million City of Riverside fire station project. The City rejected the bid as non-responsive, contending the bidder failed to complete the City’s bid form. Hours before the City Council was scheduled to award the project to a higher bidder, the firm convinced the City to rescind their bid rejection and recommend that the City Council award the project to the firm’s client. The firm’s client was awarded the project.

Select Electric, Inc. v. Balfour Beatty/Ortiz Enterprises, Inc. et al. San Diego Superior Court Case No. 37-2007-00066282-CU-BC-CTL; Imperial County Superior Court Case No. ECU03524

2009: 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.

Milcon Services, Inc. v. Hemet Unified School District (Western Rim Constructors, Inc.) Riverside Superior Court Case No. RIC500747

2008: This case involved a challenge to the award of a track and field improvement trade package for a Riverside County public high school to the firm’s client. Based on the low bidder’s failure to list an approved synthetic track surfacing manufacturer and installer, the firm successfully protested and the District awarded the trade package to the firm’s client. The rejected low bidder then filed suit, seeking a judicial mandate that the District reverse its decision and award it the project. The firm successfully defended the lawsuit and convinced the court to adjudicate the matter on an expedited schedule, so as to allow the firm’s client to begin construction without delay.

West Coast Air Conditioning Co., Inc. v. Fountain Valley School District Orange County Superior Court Case No. 07CC05300

2008: Prime contractor on a $12.875 million four school modernization project suffered delay, disruption, and inefficiency damages as a result of unclear plans and specifications, and late completion of predecessor activities by other contractors to the District. The firm filed suit to collect the damages. Following over a year of litigation and cordial meetings with the District, its counsel, and its experts to explain the claim, the case was mediated to a settlement with the firm’s client being paid $1.2 million for delay and disruption damages, and receiving a thank you letter from the District for building a quality construction project.

Protest of Award to HAR Construction by Jaynes Corporation of California Southwestern Community College District Higher Education Center at San Ysidro, Project No. 20702-E-01

2008: This matter involved the award of a $4 million educational building project by the Southwestern Community College District. Based on an irregularity in the low bidder’s bid amount, the firm successfully protested and the District rejected the low bid and awarded the project to the firm’s client after two public hearings conducted by the District to consider the matter.

Protest of Award to W.E. O’Neil Construction Co. by Jaynes Corporation of California Eastern Municipal Water District Administrative Office Building Expansion

2008: The firm protested the award of a $19 million office building project by the Eastern Municipal Water District based on inconsistencies in the low bidder’s subcontractor listing. The Water District responded by rejecting all bids. On rebid, the Water District revised its bidding instructions to eliminate ambiguities pointed out by the firm. The firm’s client was the low bidder and awarded the contract following the rebid.

Protest of Award to Gamut Construction Company, Inc. by Jaynes Corporation of California City of Escondido Fire Station No. 1

2007: The firm protested the award of a $12 million fire station project on the basis of an irregularity in the low bidder’s bid bond. The firm succeeded and the City Council rejected the low bid and awarded the project to the firm’s client despite a significant bid spread.