Richmond 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 Richmond, 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 Richmond, 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 Richmond, 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: With big construction projects, contractors typically hire other, smaller contractors to do some of the work for them. This is typically work of a specialized nature, which the general contractor isn't equipped to handle (such as plumbing or electrical wiring). The general contractor is the one who is responsible for the satisfactory completion of the project. If a subcontractor makes a mistake, or causes a delay, the general contractor is ultimately liable to the person who hired them. However, if they are sued for the mistakes of a subcontractor, and lose, they can then sue the subcontractor to recover their losses.
Mechanic's Lien: If the contractor wins in a lawsuit against the land owner, and the court orders the owner to pay the contractor for services rendered, the contractor needs a way to secure payment, if the owner refuses. In some cases, a mechanic's lien permits the contractor to force the sale of the land, and any improvements to it, in order to secure payment for the services it provided.
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Can a Richmond, California Attorney Help?
Disputes over construction delays or defects can be extremely taxing. Therefore, getting an efficient Richmond, California real estate attorney might mean the difference between success or failure in your business ventures.
360 Real Estate, Housing & Property Law cases posted to LegalMatch lawyers in Richmond
Construction Dispute Attorneys in the Largest CA Cities
Life in RichmondRichmond, California is located in Contra County in the San Francisco Bay Area. Richmond's population of over 103,000 reflects the diversity of the Greater Bay Area. Richmond's economy is driven by heavy industry as well as the service and commercial industries. The city's location along the Western coast makes it a popular residential and commuting area.
Richmond was incorporated in 1905 and has historically functioned as a suburb of San Francisco. The city is filled with many outdoor parks, and maintains several sites that are listed with the National Register of Historic Places. Waterfront fishing is very popular due to the huge variety of marine wildlife in the area. The Richmond waters are home to many species such as sturgeon, manta rays, flounders, trout, and the rare Olympia Oyster.
Point Richmond or "The Point", is a small village in Richmond known for its charming boutiques, owner-operated stores, and coffee shops. It has a distinct old-town appearance with its historic streetlights and benches. Other attractions in Richmond, California include the Masquers Playhouse, the Plunge (a swimming pool complex), and the Richmond Art Center. Annual festivities such as "Juneteenth" and Cinco de Mayo celebrations showcase Richmond's diverse and creative community.
Lawyers in Richmond, California often assist their clients at the Richmond Superior Court (George D. Carroll Courthouse). The courthouse process several types of legal claims and has seven different courtrooms as well as a public law library. Richmond lawyers are available to help clients with legal claims or questions.