Roseville 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 Roseville, 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.
Litigating a construction dispute in Roseville, 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 Roseville, 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: Contractors can also be the victims in construction disagreements. Sometimes, the person who hired them will refuse to pay the agreed-upon fee, or withhold a portion of it. This, without more, certainly constitutes breach of contract. However, in such cases, the owner will rarely go to court and say "I just didn't feel like paying, so I didn't." Alternatively, they will claim that they had a very good reason to withhold all or part of the payment, such as unsatisfactory work by the contractor. In these situations, the court has to determine if the owner has a valid reason for not paying. If it concludes that he or she does not, it will order the owner to pay the agreed-upon price.
Subcontractor Disputes: With very considerable construction projects, general contractors don't always have the resources to do all the work themselves, so they hire other contractors to do some of the work for them. Nonetheless, it is the general contractor who is ultimately responsible to the owner for the satisfactory completion of the project. So, it is very essential to the general contractor that subcontractors do a good job. If the subcontractor causes a delay or other issue, and the owner sues the general contractor as a result, the general contractor can then go after the subcontractor to recover whatever it lost in the lawsuit.
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 Roseville, 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 crucial, and a Roseville, California construction disputes attorney can be of great help.
190 Real Estate, Housing & Property Law cases posted to LegalMatch lawyers in Roseville
Construction Dispute Attorneys in the Largest CA Cities
Life in RosevilleRoseville, California is located in Placer County in the Sacramento region. With the 11th highest retail sales for the state of California, the city is a major shopping destination. Roseville has been named one of the "Best Places to Live" by CNN Money. It has a growing population of over 118,000 and has ranked on the top 100 list for "America's best small cities".
Retail shopping plays an important role in the economy of Roseville, California. The city is home to a number of major retail centers and one of the largest auto malls in the U.S. Particularly, the Westfield Galleria at Roseville is the central shopping center for the city. The Galleria is a high-end shopping mall with popular retail chains and restaurants. Many other shopping centers are located throughout the city.
In addition to shopping, Roseville is an ideal location for housing, employment, and recreation. The Roseville Theater Arts Academy and the Blue Line Gallery are some favorite spots for entertainment and art-centered events. The city also hosts a number of community events and sports activities for residents. Roseville's Golfland SunSplash is a popular water park that draws many people during the warmer seasons.
Lawyers in Roseville, California practice law in a number of fields and handle many kinds of legal matters. Roseville is close to Sacramento, the state capital of California. Many Roseville lawyers assist their clients at the capital or at the Superior Court Santucci Justice Center Courthouse, located in Roseville.