Helping Professionals Resolve Construction Disputes Effectively

The legal challenges confronting the construction industry are unique and complex. At Edlin Gallagher Huie + Blum, we understand the hurdles that can arise during the design and construction phases of major projects. Our lawyers are highly trained litigators and negotiators, using their know-how to chart a course toward a successful resolution of these disputes.

From our offices in Los Angeles and San Francisco, we have successfully represented owners, general contractors, subcontractors, developers, and design professionals in complex, multiparty construction defect claims. When you retain our firm, you benefit from our team’s expansive skill set. Our lawyers have experience with virtually every type of building system and component, including roofing, geotechnics, building materials (such as stucco), EIFS, curtain wall, windows, HVAC, plumbing, and electrical systems. Whether you need assistance with a matter related to a commercial, residential, or institutional project, we are equipped to help.

Handling a Wide Range of Construction Disputes

The firm handles construction claims arising from a wide variety of public and private work projects. We prosecute and defend claims associated with:

• Project delay and impact
• Change order disputes
• Warranty disputes
• Issues related to design professionals’ performance
• Mechanic’s liens
• Stop payment notices
• Performance and payment bond matters

Leveraging Our Litigation Experience

Well-versed in California’s legal procedures and statutes that govern construction claims, we are uniquely positioned to protect your interests throughout litigation. We have represented countless clients in court and at the negotiating table, and we leave nothing to chance when defending our clients. We extensively research case law and the facts of the case to determine the best course of action to resolve the dispute. When necessary, we will retain subject matter experts to strengthen your claims. This team-based approach is one reason our firm has compiled an impressive record of success.

Our wide knowledge base is another reason for our proven track record. We leverage our substantial experience with environmental law cases to help you address permitting and licensing issues that can cause delays or completely derail a project. We can help you take steps to decrease the likelihood of contract breaches or disputes. Our lawyers frequently counsel clients on risk management issues, including drafting protective provisions in contracts. Wherever you are in the construction process, we are qualified and ready to help.

Get Answers To California Construction Law FAQs

At Edlin Gallagher Huie + Blum, we understand the complexities of California construction law. While these laws are codified in state statutes, courts often have the discretion to interpret them with varying levels of strictness. Below are answers to some of the most frequently asked questions regarding construction law in California.

What Are Some Risk Management Options for Construction Companies in California?

Operating a construction company in California comes with its fair share of risks—ranging from natural disasters to accidents and financial setbacks. However, effective risk management strategies can help mitigate these challenges. Some recommended approaches include:

• Contract Reviews and Negotiations: Careful review and negotiation of contracts can clarify obligations and reduce legal risks.
• Tailored Insurance Coverage: Securing insurance that meets your specific needs for each project provides vital financial protection.
• Safety Protocols and Inspections: Implementing rigorous safety protocols and conducting regular inspections can minimize the risk of accidents and reduce associated liabilities.
• Staying Current with Laws: Keeping up to date with California’s construction laws ensures ongoing compliance and reduces legal exposure.
• Safety Programs: Introducing comprehensive safety programs helps prevent accidents and injuries on job sites.

It’s always a good idea to consult an experienced attorney to assess and optimize your risk management strategies before committing to any project.

What Are the Requirements for Construction Contracts in California?

California law imposes specific requirements for construction contracts to protect both parties. Key points to keep in mind include:

• All contracts must include the contractor’s license number as issued by the California Contractors State License Board (CSLB).
• Prime contracts must feature specific language regarding contractor licensing, displayed in at least 10-point bold font.
• While verbal agreements are legally possible, a written contract is strongly recommended for clarity and enforceability.
• Any home improvement project costing over $500 must have a written contract.

For added protection and to ensure all legal requirements are met, it’s wise to consult legal counsel before finalizing any construction contract.

Can Alternative Dispute Resolution (ADR) Methods Be Used in Construction Law?

Yes, alternative dispute resolution (ADR) methods are commonly preferred over traditional litigation in construction disputes. ADR options are generally faster, more cost-effective, and less confrontational. Popular ADR methods include:

• Adjudication
• Mediation
• Arbitration
• Expert Witnesses

Each method offers a different approach to resolving disputes, and choosing the right one depends on the specifics of the case.

Who is Able to Bring a Construction Defect Lawsuit in Commercial Real Estate?

Standing in Commercial Real Estate Construction Defect Lawsuits

The right to bring a construction defect lawsuit depends on the property type and defect location:

• Single-family home: The homeowner has standing to sue
• Multifamily housing (e.g., condominiums):
  • Defects in common areas: The homeowners association has standing to sue
  • Defects in individual units: The unit owner typically has standing to sue

How are Construction Liens Handled in California?

Construction liens (also known as mechanics liens) are legal tools used by contractors, subcontractors, suppliers, and laborers to secure payment for their work or materials. Key points:

• A lien can be placed on the property title if payment is not received as agreed
• Property owners may be involved in disputes even if they’ve paid the primary contractor
• Liens can complicate property sales

To reduce lien risks:

1. Hire licensed, reputable contractors
2. Use written contracts that identify all subcontractors and suppliers
3. Include detailed payment schedules for all parties

What is a NIMBY and How Can you Get Around One?

NIMBY (Not In My Back Yard) refers to opposition from local residents or businesses to new development projects. Common NIMBY tactics in California:

• Requesting environmental impact reviews under CEQA to delay projects and increase costs
• Objecting to changes in neighborhood character (e.g., affordable housing, mixed-use developments)

Strategies to address NIMBY concerns:

1. Engage with the community early in the planning process
2. Clearly communicate the project’s benefits to the neighborhood
3. Work with an experienced attorney to ensure compliance with all legal requirements
4. Be prepared to address environmental concerns proactively

Learn More about How We Can Help

Contact our team to learn about our comprehensive range of legal services. For your convenience, you can reach Edlin Gallagher Huie + Blum via our online form or by calling 628-218-6960.

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