Construction

Construction litigation in California involves legal disputes arising from construction contracts, project delays, defective work, payment conflicts, and contractor defaults. These disputes are governed primarily by the California Civil Code, Business and Professions Code, and the specific terms of the construction contract. Because construction projects often involve multiple parties and layered contractual obligations, even minor scope or scheduling disagreements can result in six- or seven-figure financial exposure.

Construction typically requires coordination among property owners, developers, general contractors, subcontractors, architects, engineers, construction managers, lenders, and regulatory authorities. California construction projects are also subject to mechanic’s lien statutes (Civil Code §§ 8400–8494), prompt payment requirements, and, in residential cases, the Right to Repair Act (SB 800). Strict statutory deadlines apply. Failure to comply with notice and recording requirements can eliminate legal remedies.

At the Davidovich Stone Law Group, our construction attorney represents property owners, developers, contractors, architects, engineers, and construction managers throughout California, including Los Angeles and San Diego. We provide strategic legal guidance in both construction transactions and construction litigation matters. Whether you are negotiating a construction agreement, asserting a delay claim, responding to a defect allegation, or addressing a mechanic’s lien, experienced counsel reduces risk and protects contractual rights.

If you are preparing to begin construction or are involved in a dispute concerning a construction contract, change order, delay claim, alleged defect, or contractor default, early legal analysis is critical. Many disputes escalate because notice provisions, documentation requirements, or statutory deadlines were overlooked. We represent project owners (including corporate, governmental, and nonprofit entities), as well as architects, engineers, construction managers, and contractors in a wide range of construction-related transactional and litigation matters across California.

Much of construction litigation involves disputes over alleged breach of construction contracts. These contracts may be highly technical (including AIA-based agreements, design-build contracts, or GMP contracts) or relatively straightforward fixed-sum agreements. Regardless of complexity, disputes often involve substantial financial exposure, including extended overhead costs, liquidated damages, repair costs, and lost profits. In California, written contracts generally carry a four-year statute of limitations, while oral contracts carry a two-year limitation period (Code of Civil Procedure §§ 337–339). Common claims include:

Extra work: Disputes frequently arise over whether additional work performed was within the original contractual scope or constitutes compensable “extra work.” California courts evaluate contract language, specifications, written change-order requirements, and compliance with notice provisions. Many contracts require written change orders as a condition precedent to payment. Failure to comply may bar recovery. These claims require precise interpretation of the contract and documented proof of authorization.

Delay and interference: Construction delays directly impact budgets and completion timelines. We litigate and resolve claims involving owner-caused delays in site acquisition or permitting, failure to coordinate trades, late design revisions, improper processing of change orders, contractor performance delays, and scheduling conflicts. Delay claims typically require proof that the delay affected the project’s critical path. Damages may include extended general conditions costs, increased labor or material expenses, disruption damages, and liquidated damages if defined in the contract.

Design and construction defects: We represent owners, designers, and contractors in disputes involving alleged design errors, omissions, defective workmanship, building code violations, and performance failures. Construction defect claims require analysis of plans, specifications, industry standards, and applicable building codes. Residential defect disputes may be subject to California’s Right to Repair Act (SB 800), which requires pre-litigation notice and an opportunity to repair before a lawsuit may proceed.

Contractor default: A contractor’s failure to perform contractual obligations, whether actual or alleged, can lead to termination disputes, surety bond claims, replacement contractor costs, and project disruption. Most California construction contracts require formal written notice and an opportunity to cure before termination. Improper termination may expose the terminating party to significant damages. We assist clients in evaluating default rights, enforcing contractual remedies, and litigating disputes when necessary.

We have developed a strong reputation for representing property owners in construction disputes. At the same time, we maintain a substantial client base among architects, engineers, construction managers, contractors, and other project participants throughout California. Our experience representing multiple roles within the construction industry allows us to anticipate opposing strategies, evaluate litigation risk, and provide practical, business-focused legal solutions designed to protect financial interests and preserve project continuity whenever possible.