Downey 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 Downey, 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 disputes 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 process through which the parties agree to have their dispute resolved by a third party, which can render a binding decision. Arbitration can be faster and cheaper than litigation, and it has some other advantages, as well.

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

Examples of Construction Disputes That Might Lead to Litigation in Downey, 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 specifically 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.

Refusal to Pay: Disputes can also arise from a client's refusal or inability to hold up his end of the deal. Sometimes, once a project is complete, or nearly so, a landowner will express an unwillingness to pay the contractor for his services. There might be a variety of reasons for this - sudden loss of money, or dissatisfaction with the quality of the work are a few examples. It's rare that a client will refuse to pay a contractor simply because they don't feel like it (and if that is the reason, they'll usually come up with a better one to argue in court). In these cases, a court will sometimes have to decide if the client is obligated to pay the full price. If the work was, indeed, not up to the standards laid out in the contract, the contractor is not entitled to the full price, but is still entitled to the actual value of the work, even if it's significantly less than the contract price.

Subcontractors: Subcontractors are hired by general contractors to assist them in large construction projects, usually specialized tasks like installing plumbing. However, 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 basically 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: If the contractor wins in a lawsuit 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 allows the contractor to force the sale of the land, and any improvements to it, in order to secure payment for the services it provided.

Can a Downey, California Attorney Help?

If you are involved in a dispute over a construction project, you should try to avoid litigation, and settle the matter as amicably as possible. However, litigation is sometimes necessary, and a Downey, California construction disputes attorney can be of great help.

Talk to a Real Estate Law Attorney now!

(where you need legal help)

Can't find a category?

Life in Downey

Downey, California is a city in Los Angeles County, California. Its current population of about 112,000 people.

Downey, California is best known as being the birthplace of the Apollo Program - the U.S. space program that ultimately landed men on the moon. Several aerospace corporations had facilities in Downey, California, such as Rockwell and Boeing. Some of these companies built the Apollo spacecraft and, later, many components of the Space Shuttle. These companies also employed many white-collar professionals, from engineers to Downey, California lawyers.

Nowadays, the economy of Downey, California is dominated by sectors such as healthcare, education, services, and government.

Thanks to its diverse and solid economy, the lawyers who live and work in Downey, California are able to handle a wide range of legal issues. If you need legal advice, a Downey, California attorney can help.

Find a Lawyer

that specializes in your area of need

Real Estate Attorneys

in other California cities and towns

Clients Rate LegalMatch Attorneys
(click to read reviews)

Nicholas M.

Real Estate, Housing & Property Law

Golden, CO

Carl M.

Real Estate, Housing & Property Law

Seattle, WA

David A.

Real Estate, Housing & Property Law

Walnut Creek, CA

Choose Your Legal Category:

Choose Your Legal Category:

LegalMatch Resources

Construction Dispute Law in California

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