P. Randolph Finch Jr., Managing Partner

2011: The firm defended a client in this multimillion dollar product defect lawsuit involving the installation of replacement windows in stucco construction homes. In connection with this action, the firm filed a cross-action against the manufacturer for indemnity based on the client’s reliance on the manufacturer’s installation instructions for the installation of replacement windows sold by it. In the face of joint motion for summary judgment, the plaintiff and class representative settled in exchange for a nominal amount from the manufacturer. As a result, the firm’s client obtained a complete release and dismissal of a potentially devastating lawsuit against it with no contribution from the client.

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.

2011: The firm represented the land owner in structuring and drafting the design-build contract for a new Class A office Tower in San Diego, including change order and BIM programs.

2011: The firm represented client in structuring and implementation of every aspect of a state of the art design-build medical office building, including formation of entities, drafting ground lease, drafting design-build construction contract, drafting architect agreements, drafting office leases, drafting consulting agreement and advising on land use planning issues.

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.

2010: The firm drafted and successfully aided the passing of legislation permitting California limited liability companies to possess California contractor's licenses. Senate Bill 392 fundamentally revised California's Contractors State License Law and authorizes the California Contractors State License Board to begin issuing contractor's licenses to limited liability companies no later than January 1, 2012. Senate Bill 392 allows contractors for the first time to take advantage of the management and tax benefits of organizing as a limited liability company, an advantage advocated by the firm's transactional and estate planning practice groups for the construction industry.

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.

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.

2009: Negotiated and structured acquisition of restaurant chain serving San Diego and Riverside Counties, including structuring equity incentives for key employees.

2009: The firm initiated litigation on behalf of a pipeline rehabilitation subcontractor on a City of San Diego Metropolitan Wastewater Department sewer rehabilitation project. The firm sued the general contractor, its payment bond surety, and the project owner to recover the principal amount due of $270,000.00 via claims for breach of contract, recovery on payment bond, and recovery on public works stop notice. The general contractor alleged it was entitled to an offset from subcontractor due to delays on the project and liquidated damages assessed by the owner. One month before trial, the firm recovered $336,000.00 for its client via settlement, more than the principal claim.

2009: A trade contractor on a public works new high school construction project filed suit against the firm’s construction manager client for breach of contract as an alleged third party beneficiary and negligence seeking in excess of $3.8 million dollars for alleged contract balance and delay and disruption damages. Following nearly two years of litigation and after the court granted the firm’s summary judgment and summary adjudication motions, the District and trade contractor settled with no contribution by the firm’s client.

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.

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.

2009: Negotiated and structured acquisition of restaurant chain serving San Diego and Riverside Counties, including structuring equity incentives for key employees.

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.

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.

2008: The firm’s trade contractor client sued the project owner and lender to recover $311,000.00 for improvements to the project. The firm’s client’s early litigation offer to accept $336,000.00 was rebuked by the defendants. After obtaining a pre-judgment writ of attachment and summary adjudication of its breach of contract and lien foreclosure causes of action, and attaching rents due the project owner, the case settled with the firm’s client being paid $475,000.00.

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.

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.

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.

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.

2007: Second-tier subcontractor initiated litigation to collect the contract balance on a $42 million dollar new high school project which was completed over one year behind schedule with delay and disruption claims by more than a half dozen subcontractors totaling over $8 million dollars. After serving as project counsel since 2004, the firm represented the general contractor in responding to the subcontractor claims and pursuing the owner for payment of the legitimate amount of the same, as well as the additional costs of the general contractor. Through a series of liquidation agreements, mediations, and negotiations with the owner and its counsel, the firm’s client avoided liability to the subcontractor claimants beyond the amount paid by the owner, and recovered additional compensation for its work, with the District paying the firm's client over $2.6 million dollars to resolve the consolidated lawsuits.

2005: Bench trial of claims by subcontractor for compensation by general contractor resulting in judgment in favor of Firm's general contractor client including award of attorneys’ fees and costs against the subcontractor plaintiff of over five times the amount sought by plaintiff. 2006: Judgment affirmed by the Court of Appeals, and client awarded costs on appeal.

2004: Two day arbitration regarding private work of improvement resulting in judgment in favor of firm's contractor client on complaint and zero recovery on cross-complaint by property owner opponent for over $250,000.00.