West Coast Air Conditioning Co., Inc. v. Fountain Valley School District (Construction)

Orange County Superior Court Case No. 07CC05300

2008:  Prime contractor on 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 experts to explain the claim, the case was mediated to a settlement with the Firm’s client being paid 1.275 million for delay and disruption damages, and receiving a thank you letter from the District for building a quality construction project.

Counsel: P. Randolph Finch Jr., Justin M. Stoger and Dustin R. Jones

 

Johnson, Barnes & Finch, Inc. v. Meier Pacific, Inc., et al.  (Construction)

San Diego Superior Court Case No. GIC881652

2008: Numerous subcontractors initiated litigation against Firm’s general contractor client and the project owner to collect subcontract balances.  The Firm’s general contractor client asserted the pass through claims for unpaid contract balance and for additional overhead to build the project, which was completed over one year behind schedule.  The project owner countered with a delay claim and other claims.  Through a series of negotiations, settlement conferences and mediation just prior to a jury trial, the Firm’s client was paid on its claim for additional compensation, and received full indemnity from the owner for all subcontractor suits.

Counsel: Davide Golia and Nowell A. Lantz

 

GBC Concrete and Masonry, Inc. v. Altadena Lincoln Crossing, LLC, et al. (Construction)

Los Angeles Superior Court Case No. GC037960

2008:  Firm’s trade contractor client sued 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 defendant.  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.

Counsel: P. Randolph Finch Jr. and Andrea L. Petray

 

Protest of Award to HAR Construction by Jaynes Corporation of California (Construction)

Southwestern Community College District Higher Education Center at San Ysidro, Project No. 20702-E-01

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.

Counsel: P. Randolph Finch Jr. and Dustin R. Jones

 

Protest of Award to W.E. O’Neil Construction Co. by Jaynes Corporation of California (Construction)

Eastern Municipal Water District Administrative Office Building Expansion

2008: The Firm protested 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 District responded by rejecting all bids and 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.

Counsel: P. Randolph Finch Jr. and Dustin R. Jones

 

Plasterers, Local 200 (Standard Drywall, Inc.) (Labor)

National Labor Relations Board Case No. 21-CD-659

2008:  Local 200 of the Plasterers’ union filed two state court lawsuits against the Firm’s client, which is signed to a collective-bargaining agreement with the Carpenters’ union. Local 200’s lawsuits seek injunctive relief, compensatory damages, punitive damages, and restitution. Unfair labor practice charges were filed against Local 200 under section 8(b)(4)(D) of the NLRA. The charges allege the real motive behind the lawsuits is to force a reassignment of plastering work to Local 200’s members instead of continuing to assign that work to employees represented by the Carpenters’ union. An NLRB administrative law judge agreed. He ordered the lawsuits be dropped and that the Firm’s client be reimbursed for its attorneys’ fees.

Counsel:  Stephen J. Schultz and Mark T. Bennett

 

Blackinton Airport Property Owners Association v. Dino DeLuca, et al. (Real Estate)

San Diego Superior Court Case No. GIN0056722

2008: Plaintiff homeowners association sued to foreclose on a lien to collect delinquent assessments in the amount of $154,000.00. Defendant asserted a cross-claim for declaratory relief seeking to invalidate the homeowners association’s allocation of airport landing rights. After the second day of plaintiff’s case-in-chief at trial, and testimony by sitting Justice MacDonald (who drafted the operating documents for the association), defendant agreed to pay the full amount of the lien plus $150,000.00 in attorneys’ fees and costs; and judgment validating the allocation of landing rights.

Counsel: Jason R. Thornton and Andrea L. Petray

 

Protest of Award to Gamut Construction Company, Inc. by Jaynes Corporation of California (Construction)

City of Escondido Fire Station No. 1

2007:  The Firm protested 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.

Counsel: P. Randolph Finch Jr. and Dustin R. Jones

 

Time And Alarm Systems v. Edge Development, Inc., et al. (Construction)

San Bernardino Superior Court Case No. SCVSS 143134

2007:  Second-tier subcontractor initiated litigation to collect 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 Firms’ client over 2.6 million dollars to resolve the consolidated law suits.

Counsel:  P. Randolph Finch Jr. and Andrea L. Petray

 

John Zayak v. John T. Hardisty Construction, Inc., et al. (Business)                     

San Diego Superior Court Case No.GIC852090                                                            

2007:  Plaintiff sued to collect $90,000 owed by defendants under a promissory note.  Defendants asserted cross-claims for breach of fiduciary duty, fraud and conversion.  On the eighth day of a ten day jury trial, defendants agreed to dismiss their claims, and pay plaintiff $140,000 plus attorneys’ fees and costs in settlement of the action.  After the court awarded fees and costs, plaintiff’s total recovery was $429,223.11.

Counsel:  Davide Golia and Bernard F. King III

 

2006: Two week jury trial regarding private work of improvement resulting in 9-3 defense verdict in favor of firm's client on complaint seeking disgorgement of over $800,000 for alleged unlicensed contractor work. Last pre-trial offer by firm’s client was to pay $5,000 to settle.
Counsel:  Davide Golia and Nowell A. Lantz

2006:  Eight day bench trial on complaint against client seeking $90 million, plus punitive damages, resulting in complete defense judgment in favor of firm's contractor client. Plaintiff’s last pre-trial offer was to accept payment of $15 million.
Counsel:  Davide Golia and Louis J. Blum

 

2006:  Three week jury trial regarding private work of improvement resulting in 11-0 verdict in favor of firm's contractor client on complaint, zero recovery on $1,000,000 cross-complaint of property owner opponent (including claims for punitive damages) against both contractor and project manager.
Counsel:  Davide Golia and Nowell A. Lantz

2006:  Two day NLRB hearing in which the firm successfully defended its client’s right to assign plastering work to employees represented by the Carpenters union instead of to employees represented by the Plasterers’ union.  The Plasterers’ union’s state court lawsuit was deemed to be a claim to the plastering work.

Counsel:  Mark T. Bennett