Jon F. Gauthier, Attorney

Jon F. Gauthier is a shareholder of Jon F. Gauthier, APC, Of Counsel to Marks, Finch, Thornton & Baird, LLP. Mr. Gauthier represents contractors, subcontractors, and other participants in the construction industry with all legal issues encountered by those businesses, including: counseling, mediation, arbitration, and litigation. Mr. Gauthier’s litigation practice includes public and private construction litigation, including mechanic’s lien foreclosures, extra work claims, delay and disruption claims, bid enforcement, contract defaults, surety obligations, and Contract Disputes Act claims. He also provides legal advice on all types of construction documents. Published cases include Primo Team, Inc. v. Blake Construction Co., Inc. (1992) 3 Cal.App.4th 801 [the court agreed with Mr. Gauthier in holding true labor brokers do not have lien/bond rights].

Mr. Gauthier is admitted to practice before all California state courts, the United States District Courts for the Central, Eastern, and Southern Districts of California, the United States Court of Appeals for the Ninth circuit, and the United States Claims Court. Mr. Gauthier has been appointed as mediator in a number of civil lawsuits, and he is a lecturer for construction law seminars sponsored by Lorman Education Services, National Business Institute, and others. Mr. Gauthier received his Bachelor of Arts degree from the University of California, Santa Cruz, and his juris doctor from the University of San Diego School of Law.

Bar Admissions

  • California (state courts)
  • U.S. Court of Appeals (Ninth Circuit)
  • U.S. Court of Claims
  • U.S. District Courts of California (Central, Eastern, and Southern)

Education

  • J.D. – University of San Diego
  • B.A. – University of California, Santa Cruz

Areas of Practice

Representative Experience

Brewer Corporation dba Brewer Crane & Rigging v. TM Structural, Inc.; and Division 8, Inc. v. Mi Arbolito San Diego Superior Court Case No. 37-2007-00074230

2011: The firm represented two clients, Brewer Crane & Rigging Company and Division 8, Inc. with claims for payment on a private 14 unit luxury condominium project in San Diego, California. Despite an insolvent developer, the firm recovered judgment against a private-money lender on bonded stop notices claims for the principal amount of nearly $275,000.00, as well as pre-judgment interest, bond premiums, attorneys’ fees and costs. The case concerned a $13.5 million construction loan which the defendant lender ceased funding as the project property value fell to less than that amount, and claimed it was not a construction lender for purposes of stop notice claims. Ultimately the owner went through bankruptcy and a senior lender foreclosed, thereby preventing either our clients or the defendant lender from recovering anything through their liens against the real property. The firm successfully argued that all of the construction loan funds not used to pay construction costs, including points, interest, fees, etc., whether paid to the defendant lender, paid to its participating investor/lenders, or as reimbursement for transaction costs, had to be disgorged for the benefit of the bonded stop notice claimants.