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 Cupertino, 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 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 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 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 Cupertino, California can be extremely time-consuming, stressful, and costly. Nevertheless, there are (relatively rare) times where it is the only option.
Examples of Construction Disputes That Might Lead to Litigation in Cupertino, California
Delays: If the contractor is culpable in a major delay in a construction project (a delay of weeks or months, for example), a lawsuit could result. If the contract particularly states that completion by a particular date is very important, or the builder has a good reason to know this, a court will often award the owner compensation for any economic harm caused by a delay.
Owner's Refusal to Pay: If the contractor completes the project, and the owner refuses to pay the agreed-upon price, the contractor will normally file a lawsuit to recover what is owed. Of course, the owner will normally claim that there is a good reason for not paying, arguing that the contractor didn't conform to the project's specifications, or that the quality of construction was unacceptably poor. In such a case, the court will have to decide if the contractor actually breached the contract by doing shoddy work, which could, at least in part, excuse the owner's duty to pay.
Subcontractor Disputes: When a construction company is contracted to complete a large project, there is normally 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. Nonetheless, the general contractor (the one that the landowner hired to do the work) is still accountable 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: 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 authorize 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.
Can a Cupertino, California Attorney Help?
Construction disputes can be time-consuming and costly. Hiring a seasoned Cupertino, California real estate attorney can make it much easier to deal with such disputes, and help you avoid litigation, or prevail if litigation becomes necessary.
Great Lawyer would recommend anytime.
Was very good at his job and helped me get what I needed.
Nick Muller was very helpful to me about my case. He understood what I needed and he was very quick to get the job done. I am very grateful for his help
Nick responded immediately every time that I contacted him. I wasn't sure who to call and I decided to give Legal Match a try. I couldn't be happier with the results. Nick's knowledge, honesty and calm demeanor reassured me each step of the way. Hopefully I won't need a lawyer again, but if I do I won't hesitate to call Nick again.
Nick has been so great. My past experience with attorneys have never actually been enjoyable, but Nick was kind and understanding from our very first conversation which he consulted for free. He kept me updated constantly and had my case settled within the week of us speaking. THANK YOU, Nick for being so kind and fair.
Nick G. Muller responded to my LegalMatch request within a few hours after I posted it. He was extremely knowledgeable in the area I needed legal representation in. He explained everything to me in terms which I understood, and was very clear about what his plan of course was and the outcomes that could possibly follow. Nick only charged me for one hour of work; despite the fact that due to some technology issues (with scanning and faxing on my end) he spent more than an hour with me. Nick worked with me on a time sensitive case over the weekend; a time that most law offices would be closed. Nick stayed in great contact with me, and made me feel confident in the outcome of my case! I would use Nick in the future, and I would recommend him to anyone who has needs for a real-estate attorney.
Nicholas G. Muller is a very good attorney! He really helped take a huge burden off of my shoulders so that I could rest. I highly recommend him!
Accountant
Actually, I did hire him but I basically handled my situation and got the necessary results before a contract was signed with Attorney Muller beyond the first 30 minute consultation. That said, he seemed very nice and if I would need an attorney in the area of his expertise I would contact him again. Thank you.
He kept on the HOA, maintained my best interest, fully understood the issue. I would recommend Nick Muller 100%
thanks!
Was incredible, just who we needed to represent us with our needs.
Nicholas was very knowledgeable / Professional and knew exactly what to do. We was also very quick to handle my case. I will definitely hire him again.
Wonderful. With Nick Muller on my side, I felt safe and protected and knew I would not be taken advantage of. Thank you.
Nick assisted me with the highest level of professionalism and addressed all of my legal needs. I highly recommend him.
Can't say Thank you enough to Mr. Muller and to Legal match. Wasn't sure what to expect from this on line service, but I couldn't have found a better attorney had i looked through the phone book. Mr. Muller was very clear in what he would do for me and the outcome was better than I could have asked. Many Thanks!
Excellent in all areas. I have already recommended him to others in the area.
Nick was amazing. Not only did he take the time to fully understand our questions and needs, but he put in time outside of business hours when he really didn't have to. It's that kind of dedication that we were looking for, and for that, we are very thankful. We will definitely use Nick again of the need arises.
Nick Muller is an asset to the Legal community. Thanks for having Nick Muller on your team!
Great Lawyer that won my case for me! Nicholas was prompt, knowledgeable, and very friendly. His pricing was fair and what I expected. I would use him again.
I would absolutely hire Mr. MULLER again. He reached out instantly and his help was almost as quick. He was very affordable and after hiring him my rental nightmare ended and can now sleep again. I would highly recommend him. I seriously wanted to drive to Golden and hug him. He has followed up numerous times, but not overbearing. Superb service. Thank you again Mr. MULLER.
Mr. Mueller was absolutely wonderful to work with!! He was always quick to respond to my issues and questions about my case!! He worked expeditiously and with persistence to resolve the matter with an outcome much better than I had expected!! His kind and professional manner made it very easy to work with him again and I will absolutely use him again in the future should I have another need to retain legal services. I highly recommend him!! Thanks Nick!!
Mr. Muller did an excellent job for me and in fast timely manner, I appreciate his work.
Mr Muller contacted me quickly, answered all my questions and concerns completely and handled everything professionally and in a timely manner. I would definitely have Mr. Muller represent me again and highly recommend his services.
Nick Muller was very helpful in all phases of the negotiation and followed up with a conclusion that was more than I was hoping for. I would definitely turn to him if I needed legal representation in the future.
Nick was by far the most impressive Lawyer I have worked with. He treated me like family and was a bulldog on the issues. Couldn't have found a better lawyer to represent me.
Fantastic service, quick response and very personable. I couldn't have asked for a better attorney to help me.
This was the best legal experience I've ever had and I have had many personally and professionally. Nick is excellent at digesting a great deal of information in a short period of time, acting swiftly to move the matter forward in a professional manner. He is adept at handling various personality types and view points without losing sight of the desired legal outcome. I would recommend him without reservation to anyone needing legal expertise.
He was awesome. Lots of work for a great price.
Nicholas Muller has the highest integrity,is a skillfully effective and efficient negotiator and produced the results we sought promptly.
Mr. Muller was Excellent. He took a huge burden off of my back within a very short period of time.