Hercules Construction Dispute Lawyers

Hercules Construction Dispute Lawyers, CA

Find the Right Lawyer Now

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 Hercules, 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.

Litigating a construction dispute in Hercules, California is definitely not something that anybody likes doing. Nonetheless, it is sometimes necessary, as a last resort.

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

Owner's Refusal to Pay: If the contractor completes the project, and the owner refuses to pay the agreed-upon price, the contractor will normally file a lawsuit to recover what is owed. Of course, the owner will normally claim that there is a good reason for not paying, arguing that the contractor didn't conform to the project's specifications, or that the quality of construction was unacceptably poor. In such a case, the court will have to decide if the contractor actually breached the contract by doing shoddy work, which could, at least in part, excuse the owner's duty to pay.

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.

Find a Hercules Lawyer that Specializes in Your Area of Need:

Can a Hercules, California Attorney Help?

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

47 Real Estate, Housing & Property Law cases posted to LegalMatch lawyers in Hercules

Construction Dispute Attorneys in the Largest CA Cities

Show California Cities

Construction Dispute Lawyers in Other California Cities and Towns


Find the Right Lawyer Now

Top Rated Lawyers

View attorney profiles and see how other LegalMatch users rate attorneys that may respond to your case.

Real Estate, Housing & Property Law Lawyer
LegalMatch Real Estate, Housing & Property Law Lawyer Binh B.

Binh B.

CONTRA COSTA, CA

Real Estate, Housing & Property Law

Rating (2 users) *****
See Reviews
Real Estate, Housing & Property Law Lawyer
LegalMatch Real Estate, Housing & Property Law Lawyer Richard P.

Richard P.

CONTRA COSTA, CA

Real Estate, Housing & Property Law

Rating (12 users) *****
See Reviews
Real Estate, Housing & Property Law Lawyer
LegalMatch Real Estate, Housing & Property Law Lawyer Daniel W.

Daniel W.

SAN DIEGO, CA

Real Estate, Housing & Property Law

Rating (3 users) ****
See Reviews
Real Estate, Housing & Property Law Lawyer
LegalMatch Real Estate, Housing & Property Law Lawyer Stanley W.

Stanley W.

Los Angeles West, CA

Real Estate, Housing & Property Law

Rating (1 users) *****
See Reviews

Need a Real Estate Lawyer?

No obligation - Lawyers compete for your case. Choose your issue & get started now:

Hercules Construction Dispute lawyer, Hercules Construction Dispute attorney, Hercules Construction Dispute lawyers, Hercules Construction Dispute attorneys, Construction Dispute attorney in Hercules