Castro Valley 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 Castro Valley, 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, 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 typically 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.
Litigation of construction disputes in Castro Valley, California can be extremely time-consuming, stressful, and costly. Nevertheless, there are (relatively rare) occurrences where it is the only option.
Examples of Construction Disputes That Might Lead to Litigation in Castro Valley, 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: if the contractor finishes a project to specifications, and the owner of the property doesn't pay the contractor, the contractor will most likely file a lawsuit to recover the agreed-upon price. In such cases, the owner will typically argue that the contractor's work wasn't of acceptable quality. In these cases, the court must decide who first breached the contract. In these cases, it's the party who did not breach first who wins the lawsuit. If the court finds that the contractor breached the contract through sub-quality work product, the owner will not be responsible for payment (though he may have to pay for materials and labor), and if the court finds that the construction was acceptable, the owner has to pay, because he is the party in breach.
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. Nonetheless, if they are sued for the mistakes of a subcontractor, and lose, they can then sue the subcontractor to recover their losses.
Mechanic's Liens: Sometimes, when a contractor wins in a case against the landowner who hired him or her, and obtains a court order for payment, the contractor will still refuse to pay. Since a money judgment isn't worth much without a way to enforce it, the laws of many states have evolved to permit what's known as a "mechanic's lien." As a last resort, if a landowner refuses to pay the contractor for work done on the property, the contractor can force a sale of the property, and keep the proceeds, up to the amount of money owed.
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Can a Castro Valley, California Attorney Help?
Construction disputes and disagreements can be very challenging to deal with alone. The assistance of a Castro Valley, California real estate attorney can make the process of dealing with these disputes much quicker and easier.
109 Real Estate, Housing & Property Law cases posted to LegalMatch lawyers in Castro Valley
Construction Dispute Attorneys in the Largest CA Cities
Life in Castro ValleyCastro Valley, California is situated in Alameda County in the Bay Area. With its population of over 61,000, it is one of the largest unincorporated areas in the entire state. The economy of Castro Valley had its early foundations in chicken ranching, with several industry innovators in the city. Today Castro Valley is favored as a commuter town due to its proximity to metropolitan areas like San Francisco and San Jose.
Castro Valley Boulevard is the hub of economic and social activity in the city. The area contains many old-style boutique shops and diners, as well as modern establishments. Castro Valley is also well known for its florist shops, where patrons can purchase unique floral arrangements. Much of the city is comprised of hilly areas like Palomares Hills Park, which offers a breathtaking view of the city.
Popular attractions in Castro Valley, California include bowling at Castro Valley Bowl, miniature golfing at Golden Tee, and activities at the Castro Valley Community Center. Castro Valley hosts city events like the Fall Festival, the Classic Car Show, and a Rodeo Parade which has featured dancing horses. The Adobe Art Center also offers instructional courses and showcases art exhibits from local talent.
Lawyers in Castro Valley, California represent clients in many types of legal matters and issues. Many Castro Valley cases are filed at the Superior Court of California, County of Alameda located near the city. Many Castro Valley attorneys actively contribute to the community through local groups and civic organizations.