Diamond Bar 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 Diamond Bar, California, whether it's a house, some landscaping, or a remodeling project, there is always a risk 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 normally 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 Diamond Bar, California can be extremely time-consuming, stressful, and costly. Nevertheless, there are (relatively rare) times where it is the only option.
Examples of Construction Disputes That Might Lead to Litigation in Diamond Bar, 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 particular 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 normally 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 normally 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 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 authorizes 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 Diamond Bar, 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 Diamond Bar, California construction disputes attorney, who can advise you on the next steps in the process.
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Construction Dispute Attorneys in the Largest CA Cities
Life in Diamond BarDiamond Bar, California is a largely residential city located in the eastern region of Los Angeles County. It is conveniently situated where the Orange and Pomona freeways meet, just about 25 miles away from downtown Los Angeles. Diamond Bar's location and economy make it an excellent commuter town with many employment opportunities.
The city was named after a type of ranching brand known as a "diamond over a bar", which reflects the city's historical foundations in cattle ranching. The ranching industry helped lay the foundation for Diamond Bar's economic progress. Currently, top employers in Diamond Bar, California include major organizations such as Allstate, Traveler's, and South Coast Air Quality Management District. Many Diamond Bar residents enjoy a close commute to other employment sites nearby in the region.
Diamond Bar is particularly known for its focus on family life and communal events. For example, the city holds weekend Farmer's Markets, regular Book Fairs, and other similar functions. Residents enjoy participating events such as the Holiday Home Decorating Contest. Other attractions in Diamond Bar, California include the T.H. Pendergast Museum and a lush golf course. The city was also one of the first master-planned communities in the U.S.
Lawyers in Diamond Bar, California often assist clients at the Los Angeles County Superior Court, located nearby. Diamond Bar lawyers are able to offer assistance in a broad range of legal categories and topics. Many Diamond Bar attorneys participate in local community events and functions.