Whittier 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 Whittier, 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.

And even if disputes can't be resolved so easily, the courts still don't necessarily have to get engaged. For example, a construction contract may require mediation before any further action is taken. Mediation is a process by which a third party tries to guide the parties to the dispute to a settlement. The mediator cannot, however, render any binding decision. Another option is arbitration. This is where the parties go to a private arbitration service, which can render a binding judgment (usually enforceable through contract law, as the parties agree in advance to abide by the arbitrator's decision). Arbitration has advantages over litigation, as the parties can have a say in choosing the arbitrator (allowing them to have their case arbitrated by an expert on construction disputes, for example).

Because of the large cost in time and money involved, litigation in Whittier, California is considered a last resort. However, in rare cases, it does become necessary.

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

Construction Delays: Delays in construction are prevalent 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.

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.

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. However, it is the general contractor who is ultimately responsible to the owner for the satisfactory completion of the project. So, it is very crucial to the general contractor that subcontractors do a good job. If the subcontractor causes a delay or other problem, 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 Liens: A mechanic's lien is a way for a contractor to secure payment if a landowner refuses to pay. In such cases, if the contractor sues and wins, he or she can sometimes impose a mechanic's lien on the property he or she just worked on. This permits the contractor to force a sale of the property to cover the judgment. It is usually used when other attempts to secure payment fail.

Can a Whittier, California Attorney Help?

Construction disputes and disagreements can be very challenging to deal with alone. The assistance of a Whittier, California real estate attorney can make the process of dealing with these disputes much quicker and easier.

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Life in Whittier

Whittier is located in Los Angeles County in the state of California. About 12 miles away from Los Angeles, Whittier is a favored commuter city with its bustling economic and residential scene. Whittier, California was named after John Greenleeaf Whittier, a famous poet. The city has over 85,000 residents and was first incorporated in 1898.

Whittier, California is an excellent city for recreation and leisure activities. The city maintains an extensive recreation department that offers youth sports, adult instructional courses, and senior activities. Shopping is excellent in places like the Whittwood Town Center, which is a mall featuring various national retail stores. In addition, the city of Whittier places much emphasis on the development of cultural arts in the city, with projects like the Whittier Cultural Arts Foundation, Art in Public Places, and the Community Arts Coalition.

With its rich history, Whittier, California is also known for its high concentration of historic landmarks, registered both nationally and with the state of California. In particular, the Pio Pico State Historic Park is a well-frequented site, as well as the Whittier Museum. Whittier College is also located in the city and is one of the major employers for the region.

Lawyers in Whittier, California serve the community by offering legal services in a diverse range of fields. Whittier lawyers typically file lawsuits at the Superior Court of California, County of Los Angeles. Experienced lawyers in Whittier can help address legal inquires and provide representation in court.

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Construction Dispute Law in California

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