Orange 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 Orange, 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, the owners of land and contractors can end disputes before they get too serious, thus eliminating the need for litigation. Most contracts governing construction projects have built-in remedies for the most common problems, typically requiring the party that causes a delay or other problem to pay the other party a set fee.
Even if the parties can't easily resolve their disputes, and someone else needs to intervene, that somebody doesn't always need to be a judge or jury. Many construction disputes call for mediation, during which a neutral third party helps the parties to the dispute negotiate a settlement. They might also go through arbitration, during which a third party renders a binding decision.
Litigating a construction dispute in Orange, California is definitely not something that anybody likes doing. However, it is sometimes necessary, as a last resort.
Examples of Construction Disputes That Might Lead to Litigation in Orange, California
Major Delays: If the contractor or a subcontractor is at fault in causing a considerable delay to a project (several months, for example), this may lead to a lawsuit. If the contract stated that time was of the essence for some reason (maybe the project was a new store that the owner hoped to open before the holiday shopping season, for example), a court can typically award the owner any damages that were caused by the delay.
Owner's refusal to pay: Contractors can also be the victims in construction disputes. Sometimes, the person who hired them will refuse to pay the agreed-upon fee, or withhold a portion of it. This, without more, certainly constitutes breach of contract. However, in such cases, the owner will rarely go to court and say "I just didn't feel like paying, so I didn't." Alternatively, they will claim that they had a very good reason to withhold all or part of the payment, such as unsatisfactory work by the contractor. In these cases, the court has to determine if the owner has a valid reason for not paying. If it concludes that he or she does not, it will order the owner to pay the agreed-upon price.
Subcontractor Disputes: When a construction company is contracted to complete a large project, there is typically 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. However, the general contractor (the one that the landowner hired to do the work) is still responsible 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: If the contractor sues a land owner and wins, he will likely obtain a monetary judgment. If the owner refuses to pay, the contractor needs some way to recover. This is where the mechanic's lien comes into play. It permits a contractor to force the sale of the land or other real property that he just worked on, and use those proceeds to cover costs.
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Can a Orange, California Attorney Help?
Disputes over construction delays or defects can be extremely taxing. Therefore, getting an efficient Orange, California real estate attorney might mean the difference between success or failure in your business ventures.
160 Real Estate, Housing & Property Law cases posted to LegalMatch lawyers in Orange
Construction Dispute Attorneys in the Largest CA Cities
Life in OrangeThe city of Orange, California has a population of about 137,000 and is located about 3 miles from Santa Ana, the seat of Orange County. It has recently become a popular choice of residence for commuters who are employed in Los Angeles. Orange, California is well-known for its cozy, "old-town" feel that it maintains.
Part of Orange's charm is due to the large number of old and historic homes that have been preserved by the city. Many homes in Orange's "Old Town District" were built before 1920. Orange Historic District also contains original structures built around the time of the city's incorporation in the late 1800's. Orange, California has the second largest concentration of historic buildings in the nation.
In addition to its old-town feel, Orange has welcomed a number of modern institutions and retail centers. Of notable interest is "The Block at Orange", which is an outdoor entertainment and shopping locale. It features several upscale restaurants and is a popular shopping destination.
Lawyers in Orange, California provide assistance in a wide range of general legal fields. Many Orange, California lawyers have unique skills in specialized areas of law. Most attorneys in Orange file their claims at the Superior Court of California, County of Orange.