Robert J. Marks, Attorney

Robert J. Marks was a founding partner of Marks, Golia & Finch, LLP, now known as Marks, Finch, Thornton & Baird, LLP. As of January 1, 2010, Mr. Marks became Of Counsel to the firm through Robert J. Marks, APC. He has been practicing law since 1976, and has over 30 years experience with engineering and construction disputes. Mr. Marks gained substantial trial experience while serving six years in the United States Army Judge Advocate General Corps, where he practiced before military courts and the Armed Services Board of Contract Appeals in complex litigation involving federal government contracts for construction, equipment, supplies, and services. He later served as general counsel for a construction and real estate development company where he represented the company in numerous construction and engineering disputes against public agencies and specialty contractors. Mr. Marks has extensive experience representing prime contractors and subcontractors in issues of contract preparation and interpretation, dispute avoidance, and dispute resolution. He has extensive trial and litigation experience before state courts, federal courts, and administrative boards in a broad range of contract interpretation disputes, including, changes, delays, accelerations, suspension, extended performance, and overhead issues (Eichleay, etc.). Mr. Marks has tried a substantial number of complex jury trials, bench trials, and arbitrations, many lasting more than a month, and several resulting in multimillion dollar verdicts for his client. He has also represented clients in both federal and state appellate courts, and before numerous federal, state, and local administrative agencies.

Mr. Marks has served on several committees of the San Diego Chapter of the Associated General Contractors of America, including the drafting committee for the San Diego Chapter’s Standard Subcontract which is widely used throughout California. He has given seminars on construction contract issues to the Associated General Contractors of America, American Subcontractors Association, and other organizations.

Mr. Marks is a member of the State Bar of California, San Diego County Bar Association, and serves as an arbitrator for the San Diego Superior Court. He is admitted to practice before all California state and federal courts, the Ninth Circuit Court of Appeals, the United States Court of Appeals for the Federal Circuit, the United States Court of Federal Claims, and the United States Supreme Court. He also practices before the Armed Services Board of Contract Appeals, California Office of Administrative Hearings, and California administrative agencies.

Mr. Marks received his juris doctor from Washington & Lee University, and his Bachelor of Science in Civil Engineering from the Virginia Military Institute. Mr. Marks holds Martindale-Hubbell’s highest rating, A.V., in recognition of his high level of skill and integrity. He was named a “California Super Lawyer” in 2007, 2008, and 2009, and a “Top 10 Construction Attorney in San Diego” in 2006 and 2007.

Bar Admissions

  • California (state and federal courts)
  • Virginia (state and federal courts - inactive)
  • U.S. Supreme Court
  • U.S. Court of Appeals (Ninth and Federal Circuits)
  • U.S. Court of Federal Claims

Education

  • J.D. – Washington & Lee
  • B.S., Civil Engineering – Virginia Military Institute

Representative Experience

Arnco Construction, Inc. v. Douglas E. Barnhart, Inc. et al. Ventura Superior Court (Central) Case No. CIV225522; Second District Court of Appeal Case No. B187192

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.

Valley Coast Construction, Inc. v. City of El Cajon American Arbitration Association Case No. 73 110 133 04 OLTR

2005: Six day arbitration regarding public work of improvement resulting in judgment in favor of firm's contractor client on complaint against public agency owner, including award of attorneys’ fees and costs pursuant to Public Contract Code section 7107 and Code of Civil Procedure section 1021.5, and determination of wrongful withholding of retention.

Los Angeles Testing Engineers, Inc. v. DMJM International Orange County Superior Court Case No. 03CC1102/ JAMS Arbitration No. 1200035911

2005: Three day arbitration regarding contract interpretation resulting in judgment in favor of firm's professional services client on complaint for $481,179.00.

Straub Construction, Inc. v. R & J Sheet Metal, Inc. American Arbitration Association No. 73 M 110 333 99 JF

2003: Six day arbitration regarding federal work of improvement resulting in judgment in favor of firm's contractor client on complaint, and zero recovery on cross-complaint by subcontractor opponent.