Moreno 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 Moreno 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, the owners of land and contractors can end disagreements before they get too serious, thus eliminating the need for litigation. Most contracts governing construction projects have built-in remedies for the most common problems, typically requiring the party that causes a delay or other problem to pay the other party a set fee.
Even if the parties can't easily resolve their disputes, and someone else needs to intervene, that somebody doesn't always need to be a judge or jury. Many construction disagreements call for mediation, during which a neutral third party helps the parties to the dispute negotiate a settlement. They might also go through arbitration, during which a third party renders a binding decision.
Because of the large cost in time and money involved, litigation in Moreno Valley, California is regarded a last resort. However, in rare cases, it does become necessary.
Examples of Construction Disputes That Might Lead to Litigation in Moreno Valley, California
Delays: Some minor delays in a construction project are all but guaranteed to occur. Typically, if contracts require a specific completion date, the contractor will give itself longer than the project would take under ideal circumstances, to account for possible delays. Moreover, construction contracts usually attempt to insure against delays, such as imposing fees on contractors if the project is delayed beyond a certain point. If no such clause is included in a contract, a court will usually award the client damages that could have been reasonably anticipated at the time the contract was entered into.
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 Lien: When a contractor wins a case against a client for nonpayment of the contract price, and the client still declines to pay, there is a problem: a monetary judgment means next to nothing if it can't be enforced. To solve this problem, the mechanic's lien has been developed. Typically, if a landowner refuses to pay a contractor, even in the face of a court order, the court can force a sale of the property that the contractor worked on, along with all the improvements on it, and then give the funds to the contractor, to secure payment.
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Can a Moreno Valley, California Attorney Help?
Construction disputes can be time-consuming and costly. Hiring a reliable Moreno Valley, 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.
272 Real Estate, Housing & Property Law cases posted to LegalMatch lawyers in Moreno Valley
Construction Dispute Attorneys in the Largest CA Cities
Life in Moreno ValleyMoreno Valley sits in the Southwestern region of California near Riverside. As the second largest city in Riverside County, Moreno Valley plays host to the March Air Reserve Base and a number of its personnel. The base has been in and out of commission training pilots for the World Wars but has been very active since. It's also the top employer in Moreno Valley with over 9,000 employees. The other top employers include the Moreno Valley School District, Riverside County Regional Medical Center, and the expansive Moreno Valley Mall. The Moreno Valley Mall is home to some of the best shopping in Riverside County with a number of boutique and different designer stores.
The City of Moreno Valley is known for its diversity. After World War II a number of Central American and Latino groups moved to the area to take advantage of the available suburban housing. There are still a number of Mexican American shops catering to Latino immigrants. Additionally, the African American population in Moreno Valley has risen 15% since 2002 with more and more families seeking to get out of Los Angeles city limits. There are a number of Moreno Valley festivals like Cinco de Mayo.
Moreno Valley is a diverse community that also plays host to many knowledgeable lawyers who are familiar with Riverside County and California State courts and cases like criminal cases, divorce, personal injury, and wrongful termination lawsuits. Since residents come from so many different places, Moreno Valley lawyers are also well acquainted with U.S. Immigration Courts and procedures.