Government Contracts & Regulatory Law
The San Diego based attorneys at Marks, Finch, Thornton & Baird, LLP represent a variety of businesses and individuals before local, regional, state, and federal agencies with regard to government contracts, citations, regulatory compliance, regulatory rules, and regulations.
These government contracts and regulatory issues include:
- City Councils
- School Districts
- County Boards Of Supervisors
- State Of California, Department Of Transportation
- State Of California, Department Of Corrections
- California Office Of Administrative Hearings
- State Of California, Department Of Insurance
- Contractors State License Board
- Workers Compensation Appeals Board
- Internal Revenue Service
- California State Board Of Equalization
- California Air Resources Board
- San Diego Air Pollution Control District
More government contracts and regulatory services
The firm also represents clients in insurance, licensing, franchise tax board, construction law, labor and employment, and workers’ compensation matters. The firm’s practice ranges from negotiation to litigation of disputes, and its success is enhanced by relationships with various associations and their counsel.
Representative Government & Regulatory Experience
SBA Office of Hearings and Appeals (“OHA”) – Appeal of Size Determination
2012: The firm successfully represented the client before the Small Business Administration’s Office of Hearings and Appeals in the appeal of an adverse SBA Size Determination. The SBA, through a Size Determination, held the firm’s client was not a small business due to affiliation with its 8(a) Mentor, alleging the firm’s client had violated the “3-2 Rule” and was economically dependent upon its Mentor. OHA considered the compelling factual evidence and legal argument made by the firm and reversed the SBA’s Size Determination, holding the firm’s client is a small business under the applicable NAICS code. This victory allows the firm’s client to pursue small business set aside contracts, which it would otherwise have been precluded from pursuing had the Size Determination remained in place.
Counsel: David S. Demian and Rodrigo F. Moreira
California Senate Bill 392, Florez: Contractors: Limited Liability Companies Enacted September 30, 2010, as amendments to California’s Contractor’s State License Law codified at California Business & Professions Code Section 7000 et seq. and California Corporations Code Section 17002
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.
Counsel: P. Randolph Finch Jr., David S. Demian, and Rod F. Moreira
DOE Aggregates, Inc.
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.
Counsel: P. Randolph Finch Jr., David S. Demian, and Allison N. Cooper
Acquisition Of Mining Rights And Operations
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.
Counsel: P. Randolph Finch Jr., David S. Demian, and Allison N. Cooper
