Pomona Construction Dispute Lawyers

Pomona Construction Dispute Lawyers, CA

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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 Pomona, California, whether it's a house, some landscaping, or a remodeling project, there is always a risk 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, normally 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 Pomona, 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 Pomona, California

Construction Delays: Delays in construction are frequent 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.

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 normally 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 substantially less than the contract price.

Subcontractor Disputes: In large projects, contractors often can't handle every aspect of the construction, so they hire other (normally 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 authorize 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 Pomona, California Attorney Help?

Construction disputes can be time-consuming and costly. Hiring a brilliant Pomona, 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.

232 Real Estate, Housing & Property Law cases posted to LegalMatch lawyers in Pomona

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Life in Pomona

Pomona, CA is a city in Los Angeles County, California. It has a population of approximately 150,000, making it the 4th largest city in Los Angeles County. 

Pomona was first settled in the 1830s, when the territory was still part of Mexico. The first Anglo-Americans arrived just a few years prior to the signing of the Treaty of Guadalupe-Hidalgo, which resulted in California becoming part of the U.S.

Modernly, Pomona is perhaps best known for being home to the Fairplex, which hosts the annual L.A. County Fair. Pomona, CA is also known for the Pomona Raceway, which is a major hub for competitive drag-racing.

Like many cities in the Inland Empire region, the economy of Pomona, CA is heavily based on services, education, and healthcare. In Pomona, one of the largest employers is the California Polytechnic University, Pomona. Some of this school's graduates go on to law school, some of whom become successful lawyers in Pomona, CA.

Because Pomona has a well-educated populace and a diverse economy, the local legal profession is quite sophisticated for a town its size. This means that a Pomona, CA attorney can probably help you with whatever legal issues you're likely to face.

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