Daly City Construction Dispute Lawyers

Daly City 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 Daly City, 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.

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 typically 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.

Litigation of construction disputes in Daly City, California can be extremely time-consuming, stressful, and costly. Nevertheless, there are (relatively rare) occurrences where it is the only option.

Examples of Construction Disputes That Might Lead to Litigation in Daly City, 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 specific 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.

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: With very considerable construction projects, general contractors don't always have the resources to do all the work themselves, so they hire other contractors to do some of the work for them. Nonetheless, it is the general contractor who is ultimately responsible to the owner for the satisfactory completion of the project. So, it is very essential to the general contractor that subcontractors do a good job. If the subcontractor causes a delay or other issue, and the owner sues the general contractor as a result, the general contractor can then go after the subcontractor to recover whatever it lost in the lawsuit.

Mechanic's Liens: A mechanic's lien is a way for a contractor to secure payment if a landowner declines to pay. In such cases, if the contractor sues and wins, he or she can sometimes impose a mechanic's lien on the property he or she just worked on. This permits the contractor to force a sale of the property to cover the judgment. It is usually used when other attempts to secure payment fail.

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Can a Daly City, California Attorney Help?

Disputes over construction delays or defects can be extremely taxing. Therefore, getting an efficient Daly City, California real estate attorney might mean the difference between success or failure in your business ventures.

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Life in Daly City

Daly City, California is a city in San Mateo County. It has a population of about 102,000 people. 

Daly City was founded in the 1770s, when the Spanish first settled California. Later, when Mexico gained independence from Spain, the area now known as Daly City was part of Mexico, until Mexico lost California in the Mexican-American War. It got its current name in the late 1800s, and is named after John Daly, a prominent local businessman and landowner. Daly City, California is known for being one of the only cities in the United States in which a majority of the population is Asian-American.

The economy of Daly City, California is largely based on healthcare, public education, retail, and services. Most of the professionals who live in Daly City, such as lawyers, work in the larger cities nearby. However, there are still many lawyers who practice within Daly City, and specialize in serving Daly City residents.

If you live in Daly City and are in need of legal services, it's almost certain that there is a Daly City, California attorney who can help.

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