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What Do Real Estate Developers Need to Know About Filing a Construction Lawsuit in California?August 24, 2020 0 Comment Category: Estate Law
It can be very complicated to pursue a construction lawsuit in California which is why you first need to understand how to work out your case with the help of a litigation lawyer to help you achieve the best results.
Usually, a construction lawsuit is filed when there is a problem that leads to a stoppage of the building construction, which creates a conflict between the contractor and the client. Construction lawsuits can also be filed when there is a problem with the scope of work or because there is a breach in the initial contract.
For example, the supplier might have stopped providing the required materials for the building construction or the contractor might have stopped purchasing the materials due to increased costs.
No matter what the reason is, the core problem cited in most of the construction lawsuits is related to the pricing of the materials or pending payments. Sometimes, changes to the original blueprint of the building or addition and/or removal of a specific part of the building can also lead to conflicts. No matter what the initial issues are, a professional Los Angeles litigation lawyer will help you look into the construction contract to see if there is any violation of the terms and conditions mentioned in it. By doing so, the lawyer can use this information to build a strong case and get the most favorable results for you.
Breach of Contract
This is one of the most common problems that leads to a construction lawsuit. A breach of contract means that the contractor or the client failed to follow a condition or provision that was mentioned in the agreement. Sometimes, the contractor might even refuse to follow the conditions in the agreement after signing it, which could then lead to a conflict. Similarly, a breach of contract can also happen if there are any inexcusable delays in completing the project.
Checking the agreement between the client and the contractor can help the lawyer to figure out what led to the violation of its terms and conditions. It also allows the litigation lawyer to clarify whether a lawsuit is possible since some kinds of breaches in the contract might not make you eligible for any compensation. It is for this reason that you should hire a reliable and experienced Los Angeles litigation lawyer to help you analyze the contract and determine how you should proceed.
The owner of a property might find various defects in the building after the project is completed. These physical damages and problems, whether they are a design defect or a construction fault, can decrease the overall value of the property in one way or the other. These defects in the building construction can even lead to serious injuries and extensive property damages. For instance, if there is water seeping through the gaps in the walls of a room it can affect the structural integrity of the walls and ceilings. This can be very dangerous for the occupants residing in the property.
Likewise, a construction defect leading to a pipe bursting can cause flooding of the ground floor. This can significantly reduce the value of the property and lead to revenue loss for the building owner. Therefore, it is very important to estimate the extent of the damages that the construction defects can cause before filing the lawsuit. An experienced litigation lawyer can help you understand all such crucial aspects of the case to support your claim.
Construction Lawsuits in California
The California Civil Code requires the constructor or the construction company to fix defects in the building caused by their employee(s). The California construction laws allow from one to ten years for filing a lawsuit for construction defects after the date of completion of the building construction. However, the owner of the property must find the defects and report them as soon as possible to be eligible for maximum compensation.
In order to file a construction lawsuit in California, you would be required to show that the contractor or the construction company failed to abide by the terms and conditions in the agreement, breached any of the provisions on purpose, or did not attend to a defect even after being informed about the same. If the court finds that the contractor was liable for the defects, you would be eligible to claim compensation for the damages caused. It is important to remember that you are required to file the lawsuit with the help of a Los Angeles litigation lawyer within the timeframe specified under the California construction laws.
What To Do Next
Filing a construction lawsuit in California may also require you to follow certain conditions based on the type of property. Remember that the deadline to file a claim varies for residential properties and commercial buildings.
You can get in touch with your litigation lawyer to learn about all such prerequisites and follow them to file a valid lawsuit against the contractor or the construction company.
The attorneys at Davidovich Stein Law Group have helped countless clients with resolving these types of issues. If you’re facing a similar dispute, call the office today on (818) 661-2420 to speak with a real estate attorney about your options.