Irvine Construction Dispute Lawyers

Irvine 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 Irvine, 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.

Litigating a construction dispute in Irvine, 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 Irvine, 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.

Refusal to Pay: Disagreements 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 occasionally 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. 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: If the contractor wins in a case 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.

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Can a Irvine, California Attorney Help?

Construction disputes can be time-consuming and costly. Hiring a reputable Irvine, California real estate attorney can make it much easier to deal with such disputes, and help you avoid litigation, or prevail if litigation becomes necessary.

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Life in Irvine

Irvine is a city that has been meticulously planned. That could be why CNN voted it 4th best place to live in the entire United States but there are a number of other reasons like the FBI stating Irvine has the least violent crime in any city with a population over 100,000. Over twice that number live within Irvine city limits and enjoy access to all Irvine has to offer.

Over 50 companies have their world headquarters in Irvine including Taco Bell, Ultimate Ears, Felt Bicycles, LA Fitness, and Meade Instruments. Toshiba Corporations, Samsung Electronics, Kia Motors, Asics, and Shimano all operate their North American Headquarters from Irvine as well. With so many large businesses in Irvine, you'd probably be surprised to find out the University of California, Irvine and Irvine unified School District are still the top two employers in the city. Communications giant Cellco Partnership/Verizon Wireless and medical companies Edwards Lifesciences and Allergan are three other big hitters in the Irvine economy.

There's plenty of opportunity for recreation among Irvine residents and visitors. The City of Irvine offers countless community and neighborhood parks. The Northwood Community Park offers one of the most distinctive sights. The Northwood Gratitude and Honor Memorial is exceptional because it's the first United States memorial to be built before the war was over. Honoring the fallen U.S. military personnel from the conflicts in Iraq and Afghanistan, it's also the only memorial that will be updated yearly to display the 5,700+ names. Irvine also hosts the Irvine Global Village Festival celebrating diversity. The festival offers a wide range of exhibitions, entertainment, and food from cultures around the globe.

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