Camarillo 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 Camarillo, 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 disputes 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 process through which the parties agree to have their dispute resolved by a third party, which can render a binding decision. Arbitration can be faster and cheaper than litigation, and it has some other advantages, as well.

Because of the large cost in time and money involved, litigation in Camarillo, California is considered a last resort. However, in rare cases, it does become necessary.

Examples of Construction Disputes That Might Lead to Litigation in Camarillo, California

Delays in Construction: Delays are commonly points of contention between contractors and landowners. Contracts sometimes have clauses which explicitly state that the project needs to be completed by a certain date, or penalties will be imposed on the contractor (reduced payments, for example). However, if the contract doesn't contain such built-in remedies, or one party refuses to abide by them, litigation may be necessary. If a contractor causes a delay that it could have prevented, it will normally be liable to the landowner for any harm resulting from it.

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." Rather, 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: In large projects, contractors often can't handle every aspect of the construction, so they hire other (normally smaller) contractors to do some specialized work for them, such as plumbing, electrical installations, and the like. The general contractor, however, 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. However, the contractor can then go after the subcontractor to recover whatever he had to pay.

Mechanic's Lien: If the contractor wins in a lawsuit 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 authorizes the contractor to force the sale of the land, and any improvements to it, in order to secure payment for the services it provided.

Can a Camarillo, California Attorney Help?

Construction disputes and disagreements can be very hard to deal with alone. The assistance of a Camarillo, California real estate attorney can make the process of dealing with these disputes much quicker and easier.

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Life in Camarillo

Situated in sunny Ventura County, Camarillo, California is a city of about 65,000 (based a 2006 estimate). Camarillo, California is named for two brothers of Spanish descent who lived in the area before the arrival of Anglo settlers, from the Eastern U.S. They, and other "Californios," helped preserve some of the region's Spanish heritage, in the face of the mostly English influence that settlers from other parts of the U.S. brought with them.

Humans have lived in the area for over 10,000 years, and Camarillo, California is home to some important archeological sites relating to these ancient inhabitants. Camarillo, California is generally considered a "bedroom community" - a largely residential urban area from which most of the residents commute to work.

Camarillo, California is considered very livable, where the weather is usually sunny, and the temperatures mild. Furthermore, Camarillo, California's crime rates are far lower than the national average, for all types of crime.

Camarillo, California is also home to California State University, Channel Islands. The region is home to several major industrial and biotechnology firms.

It should come as no surprise, then, that the consumers of Camarillo's legal services tend to be fairly sophisticated. This draws in lawyers who are good at handling complex cases. This means that a Camarillo, California lawyer can probably handle just about any legal issue an individual is likely to encounter.

Whatever your legal issue, it's a near certainty that there's a Camarillo, California lawyer who can help you solve it.

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Construction Dispute Law in California

Examples of Construction Disputes That Might Lead to Litigation in Camarillo, California