Fullerton 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 Fullerton, 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.

Litigating a construction dispute in Fullerton, California is definitely not something that anybody likes doing. Nonetheless, it is sometimes necessary, as a last resort.

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

Subcontractor Disputes: When a construction company is contracted to complete a large project, there is typically 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 Lien: If the contractor wins in a case 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 permits 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 Fullerton, California Attorney Help?

Construction disputes can be time-consuming and costly. Hiring a reliable Fullerton, 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.

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Life in Fullerton

Fullerton is located in the northern parts of Orange County, California. The city is named after George H. Fullerton, who originally secured the plot of land where the city is now situated. Fullerton, California is home to several employers and educational institutions such as California State University, Fullerton (CSUF).

Downtown Fullerton is a veritable cornucopia of entertainment with its mix of cantina-style eateries, local pubs, and jazz bars. The city of Fullerton, California is associated with the alternative rock music scene, as it is considered a cultural hub for that particular genre of music. Gwen Stefani, lead singer of the music group "No Doubt", attended CSUF, and the band has performed many shows in Fullerton.

Adding to the culture's rich cultural make-up is its equally impressive role in the history of music. Leo Fender, founder of Fender Musical Instrument Company, was born and raised in the city. He started his company in Fullerton, and the Fender factory produced some of the world's most innovative electric guitars.

Fullerton thus became known as a trend-setter in the music and entertainment scene. With its bustling night life and close proximity to Los Angeles, Fullerton is a major contributor to the economic and cultural vitality of California.

Lawyers in Fullerton, California contribute to the city's progress by providing a number of valuable legal services for residents. Fullerton lawyers typically process legal claims at the Superior Court of California, Orange County.

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Construction Dispute Law in California

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