Thousand Oaks 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 Thousand Oaks, California, whether it's a house, some landscaping, or a remodeling project, there is always a chance 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, usually 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.

Litigation of a Thousand Oaks, California construction dispute is never something that anyone wants to do. Nonetheless, there are sometimes no other options.

Examples of Construction Disputes That Might Lead to Litigation in Thousand Oaks, California

Delays in Construction: Delays are often points of contention between contractors and landowners. Contracts sometimes have clauses which explicitly state that the project needs to be completed by a certain date, or penalties will be imposed on the contractor (reduced payments, for example). However, if the contract doesn't contain such built-in remedies, or one party refuses to abide by them, litigation may be necessary. If a contractor causes a delay that it could have prevented, it will usually be liable to the landowner for any harm resulting from it.

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 usually 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 liable 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.

Subcontractor Disputes: When a construction company is contracted to complete a large project, there is usually a great deal of specialized work to be done which they aren't equipped to handle. As a result, they hire other contractors, who, in this arrangement, are subcontractors, to do some of the work. However, the general contractor (the one that the landowner hired to do the work) is still responsible for the completion of the project - if a subcontractor causes a problem, the general contractor is on the hook for it. This sometimes leads to landowners suing general contractors for the mistakes of subcontractors. If the general contractor loses, and has to pay the client, the general contractor can then sue the subcontractor for whatever amount of money it had to pay.

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 allows the contractor to force the sale of the land, and any improvements to it, in order to secure payment for the services it provided.

Can a Thousand Oaks, 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 essential, and a Thousand Oaks, California construction disputes attorney can be of great help.

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Life in Thousand Oaks

Thousand Oaks, California is a master-planned city located in Ventura California. It is named after the abundance of oak trees in the city. Thousand Oaks contains about 2,000 single family residences, an industrial park, a regional shopping center, and various neighborhood retail centers.

The local economy of Thousand Oaks consists of numerous businesses, namely biotechnology, electronics and telecommunications, and cosmetics. Major corporations in Thousand Oaks include Baxter Healthcare Corporation, Amgen, Inc., Jafra Cosmetics, and a Verizon Regional Office. These companies, along with many other employers, attract a large number of residents and commuters to the city.

Popular destinations in Thousand Oaks, California include: the Thousand Oaks Civic Arts Center, Wildwood Regional Park, and The Oaks Shopping Center. Many national store chains establish new locations in Thousand Oaks when expanding to the West Coast, as the city is often at the forefront of fashion and retail trends. Due to its location in the northwest region of the Greater Los Angeles Area, many famous actors, singers, and celebrity superstars chose to live in Thousand Oaks. These have included Colbie Caillat, Heather Locklear, Sophia Lauren, and Dean Martin.

In order to meet the needs of the community, lawyers in Thousand Oaks, California offer services in many different areas of law. Thousand Oaks lawyers handle legal matters that are sometimes unique to the region. Legal advice is available for those with questions about the laws in Thousand Oaks.

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Thousand Oaks Construction Dispute Lawyers

Construction Dispute Law in California

Examples of Construction Disputes That Might Lead to Litigation in Thousand Oaks, California