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San Diego Construction Law Blog

Construction lawsuits can sometimes resolve problems

Construction problems are to be expected in many cases. Reputable and experienced contractors will plan for these issues. It is imperative that anyone who is going to have a project done finds out what kinds of delays, if any, the contractor has planned for. Even if this isn't discussed in the contract, you can ask about it when you are discussing the project's specifications and terms.

When there is an unexpected delay that occurs, you have to think about the reason for it. Was it something the contractor could have prevented or planned for? If the answer is "yes," than you might need to read your contract to determine what recourse you have. As we recently discussed, this might be going through arbitration, but it might also entail filing a lawsuit in court.

Mandatory binding arbitration clauses are sometimes hidden

Some construction contracts have clauses that limit how you can try to get compensation if something goes awry with the project. One of these is that you might have agreed to go through arbitration to address any issues.

Arbitration is a process in which you present your case to a third-party arbitrator. That person is impartial and has to make decisions based on what is presented. The process is similar to a court hearing, but it is less formal. There isn't a jury; however, you might be presenting your case to a panel that acts as an arbitrator.

You deserve to have your structure finished on time

We recently discussed construction delays and how they impact your project end date. The issue that often comes up in these cases is that you will have to scramble to adjust the move-in plans that you had. This can put you in a difficult spot, whether you are having a home or a business built, there might be other factors that you can't adjust easily.

If you are currently living in a home that you placed up for sale, you might not be able to push back your move-out date if the house is already sold. A delay in your new construction would mean that you have to figure out where you and your family members can live between your move-out date and the new completion date.

Common construction delays contractors must plan for

When a contractor puts a bid on a project, there is usually a time frame included for completing it. The person who hires the contractor is counting on the project to be done on time. Whether the structure is for your personal use or your business, there isn't any reason why you should have to wait to be able to use it. Contractors should plan ahead to include a time cushion just in case something happens that delays the project a bit. Trying to wait until the deadline to get things done is flirting with disaster.

There are several things that might lead to a construction project being delayed. While some aren't in the contractor's control, there are many that are. Still, proper planning might prevent a person from having to wait past the final completion deadline.

Roofing defects must be addressed immediately

You count on your home's roof to keep the contents dry when it rains. When this doesn't happen, either the roof is old and needs to be replaced or there are defects in it. If the roof was recently put on and it is leaking, it is time to find out why. Ideally, you will be able to get this done before the rains begin again because there is a lot of damage that can be done to the structure, as well as the things in the home or office.

Many roofing defects are possible, so the contractor you hire must be sure that they are doing the job properly. Any errors during the installation can allow rain to enter the home. Some of the issues that can cause this problem include a failure to install underlayment properly, not putting the flashing up appropriately and not overlapping the shingles as required.

Urgency is present in construction defect cases

We recently discussed some points you need to know about alternative dispute resolution that might come in handy if you have to take action because your construction project isn't being handled in the proper way. There are times when you do have to seek legal recourse; however, there is sometimes a chance that you can get things hashed out without having to do this.

Construction defects are serious matters that must be handled swiftly. There are some instances in which you will be unable to use a structure until it is corrected. Because you probably need to have full use of the building, you need to have the problems fixed right away. Unfortunately, the contractor might not share your urgency for getting the matter taken care of.

Arbitration is commonly used for construction disputes

Some construction contracts have clauses in them that make it mandatory for disputes to go through the arbitration process. This is an alternative dispute resolution method that keeps cases out of court. When this is in the contract, there isn't a very good chance that you would be able to work around it. Understanding some of the basic points about this process might help you know what you are going to need to do to get your dispute resolved.

When you go through arbitration, you will present your case to a third-party arbitrator. In some cases, there is more than one person who will hear the case. The process is similar to a court hearing, but it is simplified and much more informal.

Determine how to deal with unscrupulous contractors

Contractors will usually do the job you pay them to do without any issues. Every now and then, you might run into one who doesn't do a good job or who won't stand behind their work. When this happens, you might end up having to take legal action to be compensated for the damages. We are here to help you when this is necessary.

Most construction projects come with contracts. This document should clearly spell out what will happen if there are issues with the project. In most cases, you will need to refer to this to determine how to proceed. Typically, you will be able to alert the contractor to the issue and they will make plans to correct it. Many contractors rely heavily on word of mouth, so they don't want any negative publicity out there.

Construction materials can result in possible defects

When you have a structure built, you assume that the frame and weight-bearing areas will be strong enough to support everything. There are some cases in which this might not be the case.

This type of construction defect can cause some serious issues, because they can eventually lead to the building being deemed uninhabitable due to instability.

All construction issues require immediate attention

Any issues with a construction site require that the impacted party take action. This can be a homeowner, but it might also be a construction worker. We are familiar with construction law and are ready to represent any impacted people while they take steps to rectify the situation that they are facing. No matter what problems you have right now, we can work with you to figure out your next steps.

For the property owner, there is a need to make sure that the construction project is done without any issues. Construction defects, such as the problems that can lead to toxic mold, must be addressed immediately. Unfortunately, handling these can mean that the property owner is out of a lot of money and might even be unable to use the property until it is fixed.

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