La Habra 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 La Habra, 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 La Habra, 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 La Habra, California
Construction Delays: Delays in construction are prevalent sticking points between contractors and landowners. These delays can sometimes lead to litigation, especially if the construction contract makes it clear that time is an important factor, or if the contract mandates a certain completion date. In such situations, a court will often award the landowner compensation for any monetary losses he or she suffered as a result of 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: Subcontractors are hired by general contractors to assist them in large construction projects, typically specialized tasks like installing plumbing. Nonetheless, no matter how much of the work is performed by subcontractors, the general contractor (the one that the client actually hired to do the project) is liable to the landowner as if it were doing all the work itself. This essentially means that, if a subcontractor messes up, the general contractor is the one who gets sued. But all is not lost in such a situation. If the general contractor has to compensate the owner because of the mistakes of a subcontractor, it can sue the subcontractor for whatever it had to pay to the landowner.
Mechanic's Liens: A mechanic's lien is a way for a contractor to secure payment if a landowner declines to pay. In such cases, if the contractor sues and wins, he or she can sometimes impose a mechanic's lien on the property he or she just worked on. This permits the contractor to force a sale of the property to cover the judgment. It is usually used when other attempts to secure payment fail.
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Can a La Habra, California Attorney Help?
If you are involved in a dispute over a construction project, you should try to avoid litigation, and settle the matter as amicably as possible. However, litigation is sometimes imperative, and a La Habra, California construction disputes attorney can be of great help.
60 Real Estate, Housing & Property Law cases posted to LegalMatch lawyers in La Habra
Construction Dispute Attorneys in the Largest CA Cities
Life in La HabraLa Habra is located in Orange County, California. The city has a lot of history to it because in the 1800s, the area was seen as a natural path to the north. Spanish explorers discovered the area, and Mariano Reyes Roldan was granted the lan. Later, Abel Stearns purchased the land from him. Therefore, many La Habra residents pride themselves over the rich history associated with their properties.
Famous residents include Rusty Anderson, Natalie Golda, Cathy Cooper, Richard Nixon, Ann Meyers, Jenna Haze, Jennifer Hanson, Anne Ramsay, and Norma Zimmer. It is not hard to believe that so many well-known people would want to own property in such a beautiful, history-rich area.
Being in Orange County, La Habra is a short drive away from beautiful beaches, many quaint downtown areas with great shopping and dining, and gorgeous properties to admire and/or live in. The wonderful weather of Orange County is an added plus.
Residents also have the luxury of having top-notch firms with excellent attorneys near by. Orange County is home to many firms of all sizes, that practice in all areas of law, and attract and train some of the nation's most brilliant legal minds. Therefore La Habra residents have no tension for any legal need of theirs can be handled well by the legal force in Orange County.