How to Select and Hire a Contractor

Hiring and selecting a contractor is a critical decision, a decision that a construction defect attorney with 35 years of experience can offer valuable insights to, having seen decades worth of situations where the relationship between the owner and contractor ends up in litigation or where the contractor simply does not perform. Certainly, many lawsuits …

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3 Common Reasons Contractors Face Lawsuits

Contractors involved in building and construction in California face lawsuits in regularly, based on their widespread involvement in the industry of building and construction in which there are numerous specific legal protections and rights afforded to owners and developers who hire these contractors, and there are specific standards in the law that govern the work …

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The Most Common Construction Defects Brought Before The Courts

Construction defects frequently arise in the construction of new homes and commercial buildings. These defects occur for a variety of reasons, but primarily due to the failure of the general contractor in charge of supervising the work and quite often the license under which most of the work is performed fails to properly supervise the …

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To Settle or Not Settle: Crossroads in Litigation

When and whether to settle a lawsuit is a critical crossroad to almost every lawsuit. Given that a very high percentage of cases settle, by some estimates as high as 95%, we realize that decisions on settlement are critical. The reason cases settle vary, but the common theme to settlements is the same for both …

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Covid-19 Update and Statutes of Limitation in California Construction Defect and Real Estate Litigation

As the California courts move toward reopening, it’s important to be aware of certain specifics. First and foremost, the Statewide Emergency Order designating a Holiday and essentially a stay on all deadlines for court filings ended on May 12, 2020. Upon the expiration of the order and the emergency-imposed holiday, all applicable deadlines, including any …

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Covid-19 Coronavirus Update: Force Majeure and California Emergency Rules Affecting the Courts and Construction Defect and Real Estate Litigation

The corona virus continues to impact the court and the legal system in far-reaching and widespread ways. A number of these impacts are addressed below:  Force Majeure Force Majeure is a legal concept that essentially excuses a party from having to perform according to the terms of a contract that they would otherwise be bound …

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What to Look for in Choosing a Construction Defect Attorney

You have discovered a number of construction defects in your new home. The defects are serious, serious enough to require an investigation and repair. You’re not sure of the cost, but given the value of your home and the extent of the defects, the cost could be substantial, could require extensive work and possibly a …

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Breach of Contract in Real Estate and Construction Defect Cases

Breach of contract is a key element of real estate and construction defect litigation. This is because, in many circumstances, there is a contract involved that has been breached or violated that gives rise to a cause of action and an avenue for a remedy: that is to recover money damages for breach of contract.  …

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real estate litigation against contractors

Statutes of Limitations in Real Estate Contracts and Litigation in California

Statutes of limitation exist in every state and in Federal law as well. Statutes of limitation are laws that define the time limits for filing a civil action (as opposed to a criminal action). Once the statute of limitations has passed, or “run”, the right to file a lawsuit no longer exists and the claim …

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5 Ways to Protect Yourself when Hiring a Construction Contractor in California

Many of the problems that are caused by Construction Contractors in California are the result of poor workmanship, lack of supervision and a lack of financial resources to stand behind their work, when the work is defective or substandard. While these issues are difficult to prevent, these issues provide a series of inquiries and steps …

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