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Practice Areas > Construction Law

Marks, Golia & Finch, LLP was founded to provide legal services to the construction industry. The firm has extensive experience and continuing involvement in all phases of the construction industry, providing complete representation of general contractors, subcontractors, suppliers, design professionals, sureties, insurers, public agencies and private owners in all issues, pre-bid through final claim resolution, on both public and private projects. The following are examples:

  • Licensing Issues: Obtaining and maintenance of individual, partnership, corporation and joint venture licenses; prosecution and defense of claims against licenses and license bonds.

  • Insurance and Bonding: Advice and assistance in obtaining and maintaining bonding and insurance. Handling insurance coverage and surety issues.

  • Contract Negotiation and Drafting: Includes prime contracts, subcontracts, purchase orders, equipment use agreements, construction management agreements, design-build contracts, lease / lease back contracts, joint venture agreements, takeover agreements, completion agreements, and related documents such as releases and change orders.

  • Bidding Issues: Pre-bid qualifications and interpretations, prosecuting and defending bid protests, writs of mandamus, injunctions, substitutions, etc.

  • Dispute Avoidance: Resolution of issues which arise during performance; counseling and seminars on techniques which eliminate or assist in early dispute resolution.

  • Claims and Disputes: All issues are handled, including claim preparation, prosecution and defense; prosecution and defense of stop notice, performance bond, payment bond, and mechanic's lien claims; and claims for inadequate plans and specifications, delays, extended performance, disruption, acceleration, liquidated damages, indirect costs, field overhead, home office overhead (Eichleay, etc.), loss of bonding, lost profits, defect and changed conditions. The firm has extensive trial, arbitration and appellate court experience with all such claims.

  • Dispute Resolution: Negotiation, mediation, arbitration, trial and appeal, as necessary.

The firm practices before trial and appellate courts, administrative boards and agencies including federal district and appellate courts, state courts, United States Court of Federal Claims, Boards of Contract Appeals, license boards, and the Workers' Compensation Appeals Board.

Representative experience includes: negotiation of the prime contract for the multimillion dollar expansion of the San Diego Convention Center; successful prosecution and defense of protests on a number of multimillion dollar state and federal projects; resolution, through negotiation and mediation, of multimillion dollar disputes on the 60 million dollar airport expansion at San Diego Lindbergh Field; multimillion dollar jury verdict against a local public agency for delay, disruption and lost profits resulting from diminished bonding capacity; and multimillion dollar recovery against a surety based on its principal's default. Through its experience in the construction industry, the firm has established relationships with claims consultants, local, state and federal agencies and their attorneys, industry organizations, sureties, and insurers, which facilitate early resolution of many disputes.




Attorneys Practicing Construction Law:

Robert J. Marks

Davide Golia

P. Randolph Finch Jr.

Jason R. Thornton

Jeffrey B. Baird

Chad T. Wishchuk

Louis J. Blum

Christina M. Rimkus

David S. Demian

David W. Smiley

Rachel F. Tait

Bernard F. King III

Nowell A. Lantz

Justin M. Stoger

Allison N. Cooper

Andrea L. Petray

Jon F. Gauthier

Christopher R. Sillari

Dustin R. Jones

Laura E. Beatty

Andrew W. Gibson

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