When you encounter a constructive dispute in California it can take many different forms and shapes.   Generally speaking, it usually involves a property owner or homeowners dispute with a developer or contractor.  Construction law disputes often come to light between a whole host of different parties, including contractors, sub-contractors, design professionals, suppliers, property owners, real estate developers, and investors. Our experienced Construction Attorneys frequently see disputes concerning construction mismanagement, neglect, negligence, contractors walking off the job, and other related disputes.

Contractor’s Right to Cancel

A homeowner, home buyer, or home seller has the right to cancel any construction contract within three (3) days without cost, penalty, or obligation. Nevertheless, the same rights are not automatically extended to contractors, subcontractors, architects, and other parties. Construction agreements should include clauses that allow dissolution of the contract under certain outcomes.

Errors and Omissions

Errors and omissions occur when negligence is made in performance of the contract and result in the work not being completed accurately. These negligence most frequently occur when subcontracting work previously awarded to another contractor. Communication and contractual matters with subcontractors can result in sustaining injuries, delays, or property damage.

Noncompliance Construction Agreements 

Noncompliance is a breach of agreement that requires failing to follow applicable laws in the course of completing the construction project. A contractor is noncompliant in a construction contract when laws have not been abided by. Common noncompliance matters include failure to acquire proper permits or failing to meet building codes compliant by California law.

Construction Defect Claims

Construction defect claims can be complex, and our experienced construction lawyers are prepared to represent either party. The most ordinary construction defects are defective foundations, floors, walls, roof, windows, plumbing, HVAC, or electrical systems. To put off notorious lawsuits, the property owner of a single-family residential property must abide by pre-legislation procedures before filing an action. This is not applicable to other types of constructions.

California Home Warranty Law

A standard and professional home builder will offer their own written warranty and guarantee as part of the construction agreement. California Law has an implicit new home warranty that must be upheld by any contractor, regardless of their contract. The new home warranty is mandated to cover:

• One year warranty – Manufactured products like appliances and fit and finish of cabinets, flooring, countertops, trim, etc.
• Two year warranty – Untreated wood or dryer ducts
• Four year warranty – Plumbing and sewer systems, electrical systems, exterior improved surfaces and fencing
• Five year warranty – Paint and stains
• Ten year warranty – Foundations, walls, support beams, roofs, and other components of new homes not otherwise covered.

It is vital to note that this only applies to single family new home warranties. Details of the California new home warranty law can be found in Civil Code 896 referred to as the “Right to Repair Act.”

Soil Movement, Landslide, Soil Failure Claims and Soul Movement

Digging up and landscaping must be carried out correctly to avoid future landslides, soil movement, or slope failure. These matters can lead to construction defect claims against the contractor in charge of the event erosion or soil movement causes damage to the property, surrounding properties, or easements.

Design Defect Claims

Design defect claims occur when construction was completed to the specified details and design, but defects in the design or blueprints themselves lead to construction defects. The entity responsible for design defects solely depends on the circumstances and parties involved in the construction matter.

Construction Arbitration and Mediation Law

Construction disputes can frequently be handled through arbitration or mediation. In mediation, our construction attorneys open lines of communication and assist in interpreting the terms of construction contracts. Arbitration is a form of mediation that is as legally binding as the contract by itself. 

California law requires homeowners of new single-family dwellings to seek mediation or arbitration to resolve construction disputes before filing a civil action in court.  Our experienced Construction Attorneys can help you meet this and other pre litigation requirements for your matter. 

Construction Litigation

While construction disputes and defects must be remedied or resolved by the parties to the construction contract at any moment possible, construction litigation is necessary when mediation and arbitration does fail. Our Construction Litigation Attorneys are proud to represent the side of right in construction litigation, whether that means representing the developer, end property owner, or the general contractor.

Prompt Payment Claims

California prompt payment rules and regulations are discovered in California Civil Code § 3260.1 and state that property owners must make prompt payment within thirty (30) days of demand for payment by the contractor. The contractor must then promptly pay subcontractors within 15 days of receiving payment from the owner. A penalty of 2% per month can be imposed for delayed payments. 

Furthermore, an owner or contractor may withhold up to 150% of payments for construction defects or construction disputes. Nevertheless, when these funds are discovered to have been withheld in error the penalty will apply from the first month of delinquency.

Delay Claims

There are many grounds that a construction project might be delayed. When delays in commercial construction occur the projects can be very heaviliy costly, but even residential construction delays can result in substantial financial losses. If a home is not completed in a timely manner, temporary lodging costs could be recuperated through a delay claim. Nevertheless, it must be proven that the contractor acted negligently resulting in the delay of process.

Willful Misconduct and Negligence

Willful misconduct and negligence disputes are based on the grounds of intentional negligence or dishonesty in the course of a project. Negligence disputes happen when the owner or contractor claim that the contractor or subcontractor failed to act or perform appropriately resulting in damages, delays, or losses. Willful misconduct is when a contractor or subcontractor makes promises they have not kept. Oftentime,  negligence and willful misconduct claims are misunderstandings easily resolved by going through the mediation process.

Mechanic’s Liens

Mechanic’s liens issue a pathway for contractors to force payment for materials and services rendered by the parties. It is imperative that mechanic’s liens be filed correctly so that they can be enforced properly. The lien puts a cloud on the title that must be determined before the property can be resold. Mechanic’s liens can also put a stop to you from getting a secondary mortgage. This will put a cloud on the title which will make you get turned down with trying to purchase or get a loan. Some contractors out of negligence file a lien when proper grounds do not exist, which can lead to further construction disputes.

Easements

Easements are a right of entry that is legally granted and is difficult to remove. It is very common to require easements for road or utility access when building a new property. Some homeowners may be hesitant to allow easement even on a temporary basis as needed for construction. When contractors or new property owners abuse easements created on surrounding property it can result in disputes that will be challenging.

Representing Construction Dispute Clients

Our experienced Construction Attorneys represent clients in construction disputes involving:

• Construction Defect Matters;

• Prosecuting non-disclosure claims on behalf of developers;

• Contract Disputes;
  

• Removing Mechanics Liens;

• Arbitrating Construction Law related matters;

• Defending public works contractors in administrative proceedings;

• And more!

When Should You Call Us to Schedule a Consultation?

Unfortunately, if you are having a contractor dispute, you might need an experienced construction lawyer to step in to assist you in resolving the dispute. Whether you are the client, or contractor yourself, you might be needing representation to resolve your affair. Here is some instruction:

• Are there substantial damages/ out of pocket expenses? More than $50,000? 

• Was there a contract signed? 

• Does it have an attorney fee provision? This can help you recover the cost of an attorney and helps with the cost benefit analysis.

• Did someone record a mechanic’s lien?

If you answered yes to any of these questions, it might make sense to call us to schedule a consultation with one of our California Construction Dispute Attorneys.

Speak With An Experienced Construction Litigation Attorney Today at Law Mart

Hiring an experienced construction litigation attorney should be the first step in any construction project. Whether you are still in the negotiation process or have a pending construction contract dispute or defect, our experienced construction litigation attorneys are here to instruct you every step of the way. Contact us today at Law Mart to schedule your consultation at (310) 894-6440.

We Are Here For You 24/7

The faster you speak to a Civil Litigation Attorney the better. Waiting too long to file Civil cases can complicate your case. Make it easy on yourself. Call us to talk with an experienced lawyer right away. Your call is confidential, and you’re FREE CONSULTATION with one of our civil litigation attorneys at (310) 894-6440.