Oxnard 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 Oxnard, 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 disputes 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 disputes 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.
Litigating a construction dispute in Oxnard, 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 Oxnard, 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.
Refusal to Pay: Disputes can also arise from a client's refusal or inability to hold up his end of the deal. Sometimes, once a project is complete, or nearly so, a landowner will express an unwillingness to pay the contractor for his services. There might be a variety of reasons for this - sudden loss of money, or dissatisfaction with the quality of the work are a few examples. It's rare that a client will refuse to pay a contractor simply because they don't feel like it (and if that is the reason, they'll typically come up with a better one to argue in court). In these cases, a court will sometimes have to decide if the client is obligated to pay the full price. If the work was, indeed, not up to the standards laid out in the contract, the contractor is not entitled to the full price, but is still entitled to the actual value of the work, even if it's considerably less than the contract price.
Subcontractor Disputes: In large projects, contractors often can't handle every aspect of the construction, so they hire other (typically smaller) contractors to do some specialized work for them, such as plumbing, electrical installations, and the like. The general contractor, however, is responsible to the owner for anything that goes wrong. If a subcontractor messes up, and the owner sues the contractor, the contractor will have to pay. However, the contractor can then go after the subcontractor to recover whatever he had to pay.
Mechanic's Liens: Sometimes, when a contractor wins in a lawsuit 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 permit 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.
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Can a Oxnard, California Attorney Help?
Construction disputes and disagreements can be very challenging to deal with alone. The assistance of a Oxnard, California real estate attorney can make the process of dealing with these disputes much quicker and easier.
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Construction Dispute Attorneys in the Largest CA Cities
Life in OxnardOxnard may not be a household name throughout America but it plays a major role in California's international trade, manufacturing, defense, and agricultural economies. Oxnard is the key port for Del Monte Foods, Chiquita, Land Rover, BMW, and Jaguar shipments to the west coast. It's the deepest port between San Francisco and San Diego.
The city also has strong ties to agriculture and civil rights as the childhood home of Caesar Chavez and annual California Strawberry Festival. The USDA ranked Oxnard as one of the preeminent strawberry producers in California supplying over 1/3 of all California strawberries.
The top employers in Oxnard are currently St. John's Regional Medical Center, Oxnard Union High School District, and Waterway Plastics that collectively employ over 5,000 Oxnard locals.
Tourism helps boost the Oxnard economy as well. Tourists flock to Oxnard's renown soft sand beaches that are also known for being much less crowded than other hotspots. The Oxnard Public Beaches offer accommodations like palm tree lined walkways, picnic, and barbeque areas. The Carnegie Art Museum, founded by the famous Andrew Carnegie in 1907, displays over 1,500 pieces from Southern California artists and other influential Americans like Colin Campbell Cooper and Millard Sheets. The Chandler Vintage Museum of Transportation and Wildlife is another popular Oxnard museum neat Heritage Square that locals and tourists enjoy visiting.
If you live in Oxnard, California and need an attorney, you're in luck. Oxnard, California lawyers are members of a very diverse and sophisticated legal community. If you have any legal issues, an Oxnard, California lawyer can help.