Santa Cruz Construction Dispute Lawyers

Find the right Construction Dispute attorney in Santa Cruz, CA

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 Santa Cruz, 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 disagreements 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 disagreements 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.

Litigation of a Santa Cruz, California construction dispute is never something that anyone wants to do. Nonetheless, there are sometimes no other avenues.

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

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 typically 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: In large projects, contractors often can't handle every aspect of the construction, so they hire other (typically smaller) contractors to do some specialized work for them, such as plumbing, electrical installations, and the like. The general contractor, nonetheless, is responsible to the owner for anything that goes wrong. If a subcontractor messes up, and the owner sues the contractor, the contractor will have to pay. Nonetheless, the contractor can then go after the subcontractor to recover whatever he had to pay.

Mechanic's Lien: When a contractor wins a case against a client for nonpayment of the contract price, and the client still declines to pay, there is a problem: a monetary judgment means next to nothing if it can't be enforced. To solve this problem, the mechanic's lien has been developed. Typically, if a landowner refuses to pay a contractor, even in the face of a court order, the court can force a sale of the property that the contractor worked on, along with all the improvements on it, and then give the funds to the contractor, to secure payment.

Can a Santa Cruz, California Attorney Help?

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

Talk to a Real Estate Law Attorney now!

Life in Santa Cruz

Santa Cruz, California is the largest city in, and county seat of, Santa Cruz County. It has a population of about 60,000 people.

Santa Cruz was the location of a Spanish settlement that was established in 1791. Beginning in the mid-20th century, and continuing to this day, Santa Cruz has long been a center of liberal and progressive social activism. In 1992, Santa Cruz, California became one of the first cities in the United States to legalize medical marijuana. The presence of the University of California, Santa Cruz adds to this culture of activism. It is also the largest employer in Santa Cruz, with about 7,000 workers.

UC Santa Cruz does not have a law school, but many of its graduates go on to attend other California law schools, and become successful Santa Cruz, California lawyers.

If you are a resident of Santa Cruz, and are in need of legal help, you can almost certainly find a Santa Cruz, California attorney who can assist you.

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