Union City 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 Union City, 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.
Litigation of a Union City, 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 Union City, California
Delays in Construction: Delays are frequently 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 typically be liable to the landowner for any harm resulting from it.
Owner's refusal to pay: Contractors can also be the victims in construction disputes. 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 cases, 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: When a construction company is contracted to complete a large project, there is typically 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 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 Union City, California Attorney Help?
Construction disputes can be time-consuming and costly. Hiring a knowledgeable Union City, 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.
73 Real Estate, Housing & Property Law cases posted to LegalMatch lawyers in Union City
Construction Dispute Attorneys in the Largest CA Cities
Life in Union CityUnion City, California is located in the East Bay of the San Francisco, Bay Area. It is a short drive from Silicon Valley. Surrounding cities include Fremont, Hayward, and Newark. Union City is home to approximately 69,516 people, and caters to a very diverse population.
Top employers in Union City include Wal-Mart, Dreyer's, Masonic Homes, Caravan Trading Company, the San Francisco Chronicle, and the school district. Many residents also make the commute and work in the tech companies of Silicon Valley.
Being so close to Silicon Valley and San Francisco, Union City residents enjoy the best of both worlds when it comes to legal services. Many small, mid-size, and large multinational law firms have location in Silicon Valley, catering to the small start-ups, and mid to large corporations. San Francisco has large law firms, as well as small to mid-size firms that believe in personalized legal services. Either way, Union City residents have access to a competent legal force that can handle issues in all areas of law.
Popular attractions in Union City include the San Francisco Bay Area Flight 93 Memorial in Sugar Mill Landing Park. This is the first monument devoted to honoring the passengers and crew of United Airlines Flight 93, which was bound for San Francisco but was hijacked and crashed in Pennsylvania on September 11, 2001. Other popular attractions include the Eden Landing Ecological Reserve and the Masonic Homes.
All in all, Union City is a wonderful place to visit and live in!