Anaheim Construction Dispute Lawyers
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 Anaheim, California, whether it's a house, some landscaping, or a remodeling project, there is always a chance 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.
Even if disagreements can't be resolved amongst the parties to the contract, they don't need to take their dispute into the court system. For instance, construction contracts usually call for mediation or arbitration before any disputes are resolved by the courts. Mediation is a process by which a third party serves as a sort of intermediary in settlement negotiations between the parties to the contract. The mediator can help keep negotiations on track, and suggest possible solutions the parties might not have thought of. The mediator can't issue a binding decision, however. Arbitration is a procedure through which the parties agree to have their dispute resolved by a third party, which can render a binding decision. Arbitration can be quicker and cheaper than litigation, and it has some other advantages, as well.
Because of the large cost in time and money involved, litigation in Anaheim, California is regarded a last resort. However, in rare cases, it does become necessary.
Examples of Construction Disputes That Might Lead to Litigation in Anaheim, California
Delays: If the contractor is culpable in a major delay in a construction project (a delay of weeks or months, for example), a lawsuit could result. If the contract particularly states that completion by a certain date is very important, or the builder has a good reason to know this, a court will often award the owner compensation for any economic harm caused by a delay.
Owner's refusal to pay: Contractors can also be the victims in construction disagreements. Sometimes, the person who hired them will refuse to pay the agreed-upon fee, or withhold a portion of it. This, without more, certainly constitutes breach of contract. However, in such cases, the owner will rarely go to court and say "I just didn't feel like paying, so I didn't." Instead, they will claim that they had a very good reason to withhold all or part of the payment, such as unsatisfactory work by the contractor. In these situations, the court has to determine if the owner has a valid reason for not paying. If it concludes that he or she does not, it will order the owner to pay the agreed-upon price.
Subcontractors: Subcontractors are hired by general contractors to assist them in large construction projects, usually specialized tasks like installing plumbing. Nonetheless, no matter how much of the work is performed by subcontractors, the general contractor (the one that the client actually hired to do the project) is liable to the landowner as if it were doing all the work itself. This essentially means that, if a subcontractor messes up, the general contractor is the one who gets sued. But all is not lost in such a situation. If the general contractor has to compensate the owner because of the mistakes of a subcontractor, it can sue the subcontractor for whatever it had to pay to the landowner.
Mechanic's Lien: When a contractor wins a case against a client for nonpayment of the contract price, and the client still declines to pay, there is a problem: a monetary judgment means next to nothing if it can't be enforced. To solve this problem, the mechanic's lien has been developed. Essentially, if a landowner refuses to pay a contractor, even in the face of a court order, the court can force a sale of the property that the contractor worked on, along with all the improvements on it, and then give the funds to the contractor, to secure payment.
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Can a Anaheim, California Attorney Help?
If you have a construction dispute, you should first try to resolve it amicably with the other party. If this fails, it is almost always imperative to hire a Anaheim, California construction disputes attorney, who can advise you on the next steps in the process.
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Life in Anaheim
Anaheim is a city in the famed Orange County, California. It has the 10th highest population in California and the highest in the entire county. The booming Platinum Triangle is known for the abundance of amenities like 3 theme parks including Disneyland. In fact, the Disneyland Resort is the city's main source of tourism and employment. Some companies with Anaheim headquarters include the Anaheim Memorial Medical Center, AT&T, Banco Popular, the parent company of Carl's Jr. and Green Burrito named CKE Restaurants as well as that of Fisker Automotive. Fisker Automotive currently offers some of the best and most attractive electric cars on the market. Owner and designer Henric Fisker is responsible for the designs of other companies like Aston Martin's DB9 and Vantage as well as James Bond's BMW Z8.
Anaheim is home to the NHL Ducks professional hockey team and the Anaheim Angels professional baseball team who won the world series in 2002. There's also an outstanding convention center that attracts business visitors to Anaheim. Anaheim is a popular Los Angeles suburb because it has a relatively low crime rate and outstanding attractions. The Grove of Anaheim, or "The Grove," is a famous venue that hosts a wide variety of events including music and comedy acts like the Blue Collar Comedy Tour and Rob Zombie. Anaheim is also the home to a number of notable celebrities like Tiger Woods and Gwen Stefani.
Given its rapid population and economic growth, Anaheim, California lawyers are on the cutting edge of emerging legal fields, but also well-versed in the more "classic" legal fields - dealing with legal issues that ordinary people are likely to face. On top of this, Anaheim is a short distance from the University of California, Los Angeles, and the University of Southern California. Each of these universities has a very well-regarded law school, turning out high quality lawyers every year.
If you are in the area, and have a legal issue, you would do well to give an Anaheim, California lawyer a call.