Hermosa Beach 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 Hermosa Beach, California, whether it's a house, some landscaping, or a remodeling project, there is always a chance 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 usually 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.
Litigating a construction dispute in Hermosa Beach, California is definitely not something that anybody likes doing. However, it is sometimes necessary, as a last resort.
Examples of Construction Disputes That Might Lead to Litigation in Hermosa Beach, 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 specifically states that completion by a certain 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: 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." Instead, 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: With very large construction projects, general contractors don't always have the resources to do all the work themselves, so they hire other contractors to do some of the work for them. However, it is the general contractor who is ultimately responsible to the owner for the satisfactory completion of the project. So, it is very necessary to the general contractor that subcontractors do a good job. If the subcontractor causes a delay or other problem, and the owner sues the general contractor as a result, the general contractor can then go after the subcontractor to recover whatever it lost in the lawsuit.
Mechanic's Liens: If the contractor sues a land owner and wins, he will likely obtain a monetary judgment. If the owner refuses to pay, the contractor needs some way to recover. This is where the mechanic's lien comes into play. It allows a contractor to force the sale of the land or other real property that he just worked on, and use those proceeds to cover costs.
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Can a Hermosa Beach, California Attorney Help?
Construction disputes can be time-consuming and costly. Hiring a good Hermosa Beach, 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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Construction Dispute Attorneys in the Largest CA Cities
Life in Hermosa BeachHermosa Beach is a city located in Los Angeles County, California. It has a population of about 19,000 and is known for its wonderful climate and beautiful beachfront location. It is home to many celebrities such as Carson Daly and Jimmy Kimmel due to its location and excellent residential homes.
The entire city of Hermosa Beach, California is marked by the beach culture. The beach area is perfect for beach recreational activities like surfing, paddleboarding, beach volleyball, and sunbathing. Sea breezes help to keep the region remarkably clear of smog and pollutants. The city holds many yearly events, the majority of which revolve around the beach scene. Some of these events include Shakespeare by the Sea, the International Surf Festival, and the Hermosa Ironman triathlon. Hermosa Beach also hosts the Hermosa Beach Film Festival, with screenings of short films held at the Hermosa Beach Playhouse.
Pier Avenue one of Hermosa Beach's main areas for dining, shopping, and night life. The Hermosa Beach Pier can be found at the end of Pier Avenue. Other places to visit in Hermosa Beach, California include Cypress Park, Fort Lots-o-Fun, and the city's skateboard park.
Lawyers in Hermosa Beach, California represent clients in a diverse range of legal topics. Hermosa Beach lawyers can provide much guidance and assistance when it comes to answering legal questions or representing clients in court.