I Have A Construction Dispute In California. What Can I Do?

Sponsored Answer
Daniel J. Kessler - Business Litigation - Super Lawyers

Answered by: Daniel J. Kessler

Located in Irvine, CABurkhalter Kessler Clement & George LLP

Irvine, CA
Phone: 949-975-7500
Fax: 949-975-7501

View Profile

Large-scale real estate projects can often result in disputes between the developer and contractor. For developers who are facing a construction dispute, they should first review the contract documents for dispute resolution procedures.

Developers should then adhere to the dispute resolution procedures outlined in the contract. If that doesn’t resolve the conflict, a civil lawsuit may be needed. Before taking any action, it is critical to consult with an attorney who can ensure you are following all laws and the terms of the contract.

Step 1: Review The Dispute Resolution Procedures In Your Contract

If you are a developer on a large commercial project such as a shopping center or another commercial building, you likely have an American Institute of Architects (AIA) form agreement with the contractor. Among other things, this contract stipulates the procedures you must follow if a dispute arises. Pay close attention to the dispute resolution language, as your adherence to it will impact your ability to recover damages later.

It is important to note that work should still be continuing at this point, if possible. It is typically in your best interest to press forward and preserve your project timeline while your dispute is being resolved.

Step 2: Follow The Dispute Resolution Procedures

After retaining counsel and thoroughly reviewing the dispute resolution process in your contract, the next step is to follow all procedures outlined in the contract. While you may want to fire the contractor immediately, you should not do so without first following the stipulated dispute resolution steps.

Step 3: File A Lawsuit

If the dispute resolution procedures do not lead to an agreeable outcome, you always have the option to file a lawsuit against the contractor. This will generally occur once you have completed the project. When preparing for the lawsuit, your attorney will gather evidence, enlist experts and review any documentation you have that substantiates your claim.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other Answers By Daniel J. Kessler

Photo of Daniel J. Kessler

How do I protect myself in California if an employee sues me for sexual harassment?

The most effective defense against a sexual harassment suit is a strong arbitration clause. You need to implement …

Sponsored answer by Daniel J. Kessler

Other Answers About Real Estate

Photo of Daniel L. Goodkin

What Happens If A Seller Fails To Disclose A Defect In A California Residential Real Estate Sale?

Failure to disclose a defect in a California residential sale may lead to a lawsuit. However, the varying options …

Sponsored answer by Daniel L. Goodkin

Photo of Kyle Sclafani

What happens when a someone breaches a purchase agreement in Louisiana?

Both buyers and sellers often have questions about real estate purchase agreements – especially when …

Sponsored answer by Kyle Sclafani

Photo of Faisal Moghul

What can I do if a real estate seller lies or conceals a property defect in Virginia?

Purchasing a home may be one of the biggest investments of your life, if not the biggest. It can be devastating …

Sponsored answer by Faisal Moghul

Call Me

To: Daniel J. Kessler

Super Lawyers: Potential Client Inquiry

Disclaimer »
Privacy Policy »
*Required fields
Page Generated: 0.79569792747498 sec