Marks, Finch, Thornton & Baird, LLP (858) 737-3100
Justin M. Stoger, Attorney
Justin M. Stoger practices in the areas of construction law, business/commercial litigation, and insurance defense. Mr. Stoger has represented clients in all aspects of litigation, including as lead trial counsel. His practice includes representing clients in public and private construction litigation involving issues such as breach of contract, mechanic’s lien foreclosures, bond claims, stop notice claims, extra work claims, delay and disruption claims, bid protests and enforcement, contract defaults, differing site conditions, and in business commercial litigation such as debt collection and defense.
Mr. Stoger is admitted to practice before all California and New York state courts, as well as the United States District Courts for the Southern and Eastern Districts of California, and the Southern and Eastern Districts of New York. Mr. Stoger received his juris doctor from the University of Miami School of Law, from which he graduated magna cum laude. While in law school, Mr. Stoger was a member of the Law Review, and earned the Dean’s Certificate of Achievement Award in Labor Law. Mr. Stoger received his Bachelor of Arts in Sociology, cum laude, from Boston University, where he participated in Varsity Football and Varsity Crew.
Representative Experience
Engineered Structures of San Diego, Inc., dba Cairo Construction Company v. CH2M Hill Constructors, Inc. et al. San Diego Superior Court Case No. 37-2008-00057648-CU-8C-NC
2009: The firm represented a subcontractor in litigation arising from the construction of a large wastewater treatment plant in North San Diego County. The firm initiated a lawsuit on behalf of the subcontractor against the design-build-operate contractor who had not paid the subcontractor in full for contract work performed. The subcontractor also sought damages for disruption to its work, resulting in labor inefficiency, and for change order work for which it had not been paid. The design-build-operate contractor disputed the subcontractor's claim and asserted a cross-complaint in the lawsuit against the subcontractor seeking affirmative relief. After a two-week jury trial, the jury returned a verdict in favor of the firm's client in the amount of $443,884.26. The firm's client then asserted post-verdict claims for interest, costs, and attorneys' fees, and was paid $750,000.00.
Inland California, Inc. v. G.A. Abell, Inc., dba Precision Electric Company San Diego Superior Court Case No. 37-2007-00081491-CU-BC-CTL
2009: Subcontractor on a condo-conversion project was sued by general contractor for $1.2 million based on an indemnity claim for extra work paid to the general contractor’s drywall subcontractor. The firm was retained less than two weeks before the trial date and successfully moved the court for a trial by jury, and then tried the case to a 12-0 verdict resulting in no recovery for the general contractor and recovery of the firm’s subcontractor client’s entire contract balance and attorneys’ fees.
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.
