Santa Rosa Construction Dispute Lawyers

Find the right Construction Dispute attorney in Santa Rosa, 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 Rosa, 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.

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

Examples of Construction Disputes That Might Lead to Litigation in Santa Rosa, 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 disputes, 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 additional damages if the refusal to pay was done in bad faith, or if it caused foreseeable economic harm to the contractor.

Subcontractors: With big construction projects, contractors typically hire other, smaller contractors to do some of the work for them. This is typically work of a specialized nature, which the general contractor isn't equipped to handle (such as plumbing or electrical wiring). The general contractor is the one who is responsible for the satisfactory completion of the project. If a subcontractor makes a mistake, or causes a delay, the general contractor is ultimately liable to the person who hired them. However, if they are sued for the mistakes of a subcontractor, and lose, they can then sue the subcontractor to recover their losses.

Mechanic's Lien: When a contractor wins a lawsuit against a client for nonpayment of the contract price, and the client still refuses 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 proceeds to the contractor, to secure payment.

Can a Santa Rosa, 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 Santa Rosa, California construction disputes attorney can be of great help.

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Life in Santa Rosa

Santa Rosa, California is a city in Sonoma County, in the far northern portion of the San Francisco Bay Area. With a population of about 162,000 people, it is the fifth-largest city in the Bay Area.

Santa Rosa's first known permanent settlement came in the 1830s, and it began to grow after California achieved statehood. In 1867, Sonoma County officially incorporated it as a city. The 1906 San Francisco Earthquake essentially destroyed the downtown area of Santa Rosa. In addition to destroying much of San Francisco, that earthquake heavily damaged almost every other city in the Bay Area.

Modernly, Santa Rosa is known for the natural beauty just outside the city, in the form of rolling hills and miles of undisturbed wilderness. Santa Rosa, and the rest of Sonoma County is internationally renowned as a wine-making region, with scores of vineyards and wineries nearby.

If you live in Santa Rosa, California and need an attorney, the chances are good that you'll be able to find one. The thriving and diverse economy of the Bay Area, and Santa Rosa's status as one of the outlying population centers of that area, ensure that Santa Rosa, California lawyers are very sophisticated and well rounded. If you have any type of legal problem, and need help with it, a Santa Rosa, California lawyer is the person to call.

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