About ParkCon LLC

ParkCon LLC was formed in part to help construction industry companies navigate the expensive and tenuous legal matters inherent in today’s construction environment. Whether attempting to avert litigation or already embattled in it, ParkCon’s extensive experience and expertise will help you better manage the process, mitigating cost and allowing your talented resources to focus forward rather than mire in the past…
Let ParkCon manage the past.

David Parkes, President of ParkCon LLC, has a degree in architecture from the University of New Mexico and over 35 years of experience in the construction industry. Over his career, Mr. Parkes worked for three of the nation’s largest general contracting and construction management firms: McCarthy Building Companies, Inc., headquartered in St. Louis, Missouri; Flintco, LLC, headquartered in Tulsa, Oklahoma, and Rodgers Construction, Inc., part of the Centex Group of Companies, headquartered in Nashville, Tennessee. Mr. Parkes joined McCarthy in 1987, and served as President of McCarthy’s Northern Pacific Division from 1994 through 2003. In 2003 Mr. Parkes joined Flintco, LLC, where he served until 2013 as President/CEO of Flintco Pacific, Inc., a wholly owned subsidiary of Flintco, LLC. From 2013 to 2017, Mr. Parkes served as President/CEO of a regional contractor in California’s Central Valley. In each of those roles Mr. Parkes restructured and re-engineered all departmental components, creating formidable operating divisions for each company in Northern California. Today, McCarthy continues to operate as one of Northern California’s premier construction companies. Flintco was sold in 2012. ParkCon LLC began providing services in 2017.

Risk Management

Construction Management

Project Advocacy

Mr. Parkes is a persuasive negotiator and exceptional facilitator between parties in dispute. While Mr. Parkes resolved numerous large and complex legal matters which amassed before he assumed control of the companies he managed, during his 24 years as company CEO/President, none of the projects commenced under his leadership required contract dispute litigation or arbitration, and only one project necessitated mediation. While many disputes and claims, between Contractor and Owner, between Owner and Subcontractor, between Contractor and Subcontractor, and between Subcontractor and Subcontractor, did develop over those 24 years, Mr. Parkes was always successful in facilitating and negotiating compromise and reasonable resolution/settlement. Over his career, Mr. Parkes successfully negotiated reasonable resolutions on conflicts including, design errors and omissions, extensive change orders, increased - decreased scope of work, delays, disruption, acceleration, contract and scope of work disputes, warranty, latent and patent defects, property damage, and other matters. Accordingly, Mr. Parkes has an acute understanding of construction contracts, insurance and contract law.

Below is a list of lawsuits and major disputes that existed prior to Mr. Parkes becoming CEO/President of the companies he managed. Referenced, but not listed, are the numerous and equally problematic lawsuits and disputes with subcontractors and suppliers associated with each matter. In all cases, Mr. Parkes successfully managed the resolution of the lawsuit or dispute:

$45 Million Convention Center Expansion Project
- $5 Million Design/Delay/Disruption Claim
  - Resolved in Mediation
- Multiple Related Subcontractor Claims and Disputes
$110 Million High Security State Corrections Prison Expansion Project
- $23 Million Differing Site Conditions/Delay/Disruption Claim
  - Resolved in Arbitration
- Multiple Related Subcontractor Claims and Disputes
$30 Million Regional Hospital Expansion
- $1.5 Million Design/Delay/Disruption Claim
  - Resolved through Negotiation
$35 Million Golf Course and Club House
- $25 Million Nonpayment Bond Claim for Work Performed (Bankruptcy)
  - Resolved through Surety and Acquisition
- Multiple Related Subcontractor Claims and Disputes
$15 Million Hotel Project
- $1.25 Million Design/Delay/Disruption Claim
  - Resolved through Negotiation
$14 Million County Detention Facility
- $1.2 Million Design/Delay/Disruption Claim
  - Resolved through Negotiation
$17 Million Juvenile Detention Facility
- $1.5 Million Design/Delay/Disruption Claim
  - Resolved through Negotiation
$85 Million High School Project
- $2.9 Million (with Cost & Interest) Subcontractor Delay/Disruption Award
- Negotiated Settlement After Appeal

$55 Million Regional Hospital Expansion Project
- $16 Million Design/Delay Claim and Lawsuit
  - Project Delayed Nearly 2 Years
  - Settled through Negotiation
- Multiple Related Subcontractor Lawsuits, Claims and Disputes
  - Subcontractor Lawsuits Resolved in Mediation
  - All Other Sub Claims (30+) Resolved through Negotiation
- $7 Million Warranty/Breach of Contract Lawsuit Against Material Supplier for Product Failure
  - Resolved in Mediation
$45 Million Middle School Project
- Contract Validation & Conflict of Interest (Disgorgement) Lawsuit
  - Initial Complaint Dismissed on Demurrer – Claimant Appealed Demurrer
  - Court of Appeals Reversed Demurrer
  - Case Returned to Superior Court
$25 Million, Medium Security State Prison Housing Project
- $1.2 Million Warranty Claim
  - 4’ x 6’ Security Glazing Delamination – 100 Laminated Panels
- Contractor Sued Subcontractor and Supplier for Breach of Contract (Warranty)
  - Court Ordered On-Site Settlement Meeting
    - Discovered Design Error: Laminated Security Glazing Installed in Standard Aluminum Storefront Window Frames
    - Window Framing Specification in Direct Conflict with Security Glazing Specification
    - Delamination of Security Glazing was the result of a Design Error
  - Warranty Issue Resolved due to Design Error
$48 Million, 13 Acre Zoo Expansion Project
- $5 Million Claim for Nonpayment, Design Errors, Delays and Disruption
  - Resolved in Mediation
- Multiple Related Subcontractor Claims and Disputes