Alameda Construction Dispute Lawyers

Alameda Construction Dispute Lawyers, CA

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Construction Dispute Law in California

When a property owner and a general contractor contract for a construction project to take place on some property in Alameda, California, whether it's a house, some landscaping, or a remodeling project, there is always a gamble that something can go wrong. In fact, at least a very minor setback may be more likely than not.

Most often, landowners and construction contractors are able to resolve minor to moderate disagreements between themselves, and litigation is rarely necessary. Nobody likes litigation, so, to this end, most construction contracts have built-in remedies in case something goes wrong, like set price reductions if construction is delayed.

And even if disputes can't be resolved so easily, the courts still don't necessarily have to get engaged. For example, a construction contract may require mediation before any further action is taken. Mediation is a process by which a third party tries to guide the parties to the dispute to a settlement. The mediator cannot, however, render any binding decision. Another avenue is arbitration. This is where the parties go to a private arbitration service, which can render a binding judgment (usually enforceable through contract law, as the parties agree in advance to abide by the arbitrator's decision). Arbitration has benefits over litigation, as the parties can have a say in choosing the arbitrator (allowing them to have their case arbitrated by an expert on construction disputes, for example).

Litigation of a Alameda, California construction dispute is never something that anyone wants to do. Nonetheless, there are sometimes no other avenues.

Examples of Construction Disputes That Might Lead to Litigation in Alameda, California

Construction Delays: Delays in construction are prevalent sticking points between contractors and landowners. These delays can sometimes lead to litigation, especially if the construction contract makes it clear that time is an important factor, or if the contract mandates a certain completion date. In such situations, a court will often award the landowner compensation for any monetary losses he or she suffered as a result of the delay.

Refusal to Pay: Contractors can be on the other side of legal disagreements, as well. Sometimes, the landowners who hired them refuse to pay. This is typically because the landowner believes that the contractor didn't perform under the terms of the contract, or that the work was unsatisfactory. If this is the case, it may ultimately be up to a court to decide who is right. If the contractor did, in fact, do poor work, the landowner will be excused, at least in part, from his duty to pay. If, on the other hand, the work was satisfactory, the court will order the landowner to pay the contract price immediately, and may award further damages if the refusal to pay was done in bad faith, or if it caused foreseeable economic harm to the contractor.

Subcontractor Disputes: When a construction company is contracted to complete a large project, there is typically a great deal of specialized work to be done which they aren't equipped to handle. As a result, they hire other contractors, who, in this arrangement, are subcontractors, to do some of the work. Nonetheless, the general contractor (the one that the landowner hired to do the work) is still accountable for the completion of the project - if a subcontractor causes a problem, the general contractor is on the hook for it. This sometimes leads to landowners suing general contractors for the mistakes of subcontractors. If the general contractor loses, and has to pay the client, the general contractor can then sue the subcontractor for whatever amount of money it had to pay.

Mechanic's Lien: If the contractor wins in a case against the land owner, and the court orders the owner to pay the contractor for services rendered, the contractor needs a way to secure payment, if the owner refuses. In some cases, a mechanic's lien permits the contractor to force the sale of the land, and any improvements to it, in order to secure payment for the services it provided.

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Can a Alameda, California Attorney Help?

Construction disputes can be time-consuming and costly. Hiring a reliable Alameda, California real estate attorney can make it much easier to deal with such disputes, and help you avoid litigation, or prevail if litigation becomes necessary.

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Life in Alameda

Alameda, California is a city in Alameda County. Its population is currently about 80,000 people. It is located in the Eastern portion of the San Francisco Bay Area.

Alameda, California is located on two islands: Alameda Island and Bay Farm Island, in the San Francisco bay. Alameda, California is popular with wind surfers, thanks to its proximity to the San Francisco Bay, and the presence of a fairly large public beach in town, which, besides being a good site for wind surfing, provides beautiful views of the San Francisco skyline and the Bay Bridge.

Until 1997, Naval Air Station Alameda was one of the driving forces in the local economy. But it was closed in 1997, during a wave of military cutbacks and base closures that occurred at the end of the Cold War. Nowadays, Alameda, California is a major regional center for wine and spirit production. The alcohol industry is heavily regulated, so these wineries and distilleries hire a large number of Alameda, California attorneys.

If you need to find a lawyer in Alameda, California, you're in luck. There are many well-qualified and experienced attorneys in Alameda, California, who can help you with just about any legal issue you're likely to face.

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