Mission Viejo Construction Dispute Lawyer

Are you looking for a construction dispute lawyer in Mission Viejo, CA?

At Ghassemian Law Group, we are construction dispute lawyers with 26 years of experience guiding clients through complex matters.

If an owner has stopped paying your invoices or a defect claim has halted work on your project, a Mission Viejo, CA construction dispute lawyer can explain your contract rights and the remedies available under California law. Ghassemian Law Group represents contractors, developers, and other companies in the construction industry. We also represent homeowners whose claims are large enough to justify litigation.

Our attorneys have 26 years of experience with construction cases, and our headquarters is located in Mission Viejo. We offer a free consultation to review your contract, your project records, and the options available to you.

Construction Dispute Lawyer Mission Viejo, CA

A construction dispute lawyer represents a party to a building project when a disagreement over payment, workmanship, or schedule can’t be resolved on the job site. The attorney enforces or defends the contract through formal notices, negotiation, and litigation or arbitration when necessary.

Mission Viejo is expected to provide a minimum of 2,217 new housing units during the state planning period that runs from October 2021 through October 2029. Each of those projects depends on a chain of contracts between owners, contractors, and suppliers. A dispute at one level of that chain often stops payment to every company below it. A Mission Viejo construction dispute attorney from our firm can represent a client at any level.

Types of Construction Dispute Cases We Handle in Mission Viejo, CA

Most construction disputes begin with money, time, or quality. These categories overlap, and a single project often produces claims in several of them. Our construction dispute attorneys represent both the party making a claim and the party defending against it.

• Contractor disputes. General contractors and subcontractors often disagree about scope of work, backcharges, and responsibility for corrective work. We review the subcontract and the project correspondence to determine which party carried each obligation.
• Construction contract disputes. A breach of contract claim arises when one party fails to perform an obligation that the agreement required. Common examples include an owner who terminates a contractor without following the termination clause and a contractor who abandons a project. We also handle disputes over warranty claims that arise after the work is finished.
• Construction payment disputes. Owners sometimes withhold progress payments or retention at the end of a job. A subcontractor has several remedies when a general contractor refuses to pay for completed work. We pursue the unpaid balance through demand letters, lien remedies, and breach of contract lawsuits.
• Construction delays. A late project increases the contractor’s overhead costs and deprives the owner of the use of the property. Responsibility for project delays depends on the contract schedule, the notice provisions, and the cause of each delay.
• Change orders. Extra work performed without a signed change order is a frequent source of nonpayment. We handle change order disputes for contractors seeking payment for added scope. Owners also hire us to contest charges they did not approve.
• Mechanics liens and stop notices. A mechanics lien gives an unpaid contractor or supplier a claim against the property itself. Lien rights depend on strict notice and recording deadlines. We record and enforce liens for claimants, and we ask the court to remove improper liens for owners.
• Construction defects. A defect claim alleges that the work or the design does not meet the contract, the building code, or the standard of care. We defend contractors and design professionals named in these claims. Owners of custom homes also retain us when the cost of repair is substantial.
• Public works disputes. Projects for cities, school districts, and other public agencies follow different payment and claim procedures than private projects. We represent contractors in disputes with public owners over delay, extra work, and alleged defective work.

Why Choose Ghassemian Law Group as My Construction Dispute Lawyer in Mission Viejo, CA?

Technical Training Applied to Construction Evidence

Mahyar Ghassemian founded Ghassemian Law Group and manages it today. She earned a master’s degree in physics from California State University, Long Beach before graduating cum laude from Western State College of Law in 1999. Her scientific training is useful in defect cases. She assembles the engineering and construction consultants for a case, and she explains their findings in plain terms to clients and to the court.

Ms. Ghassemian worked as a construction and business litigator at larger Southern California law firms before she opened her own practice in 2010.

Results for Contractors, Developers, and Design Professionals

We have helped construction clients recover and protect millions of dollars.

• We recovered more than $800,000 for a general contractor after an owner withheld payment on a $2.1 million hospital remodeling contract.
• A city accused a general contractor of delay and defective work on a public works project. We defended the contractor, and the case resolved in the client’s favor.
• A subcontractor’s payment lawsuit threatened a general contractor’s relationship with a shopping center developer. We resolved the dispute and preserved recurring contracts worth about $3 million per year.
• An architectural firm faced a multi-party construction defect claim exceeding $5 million. Our defense reduced the client’s exposure and shifted liability to other parties.

Each of these cases required close reading of the contract and the project records, which is the work a client should expect from a construction lawyer in Mission Viejo, CA.

What Is Important To Understand About Construction Dispute Cases?

Claims, Liability, and Damages in Construction Dispute Cases

A construction dispute usually involves more than one legal claim, and each claim has its own deadline and its own measure of damages.

• Breach of contract. This claim alleges that one party failed to perform an obligation in the agreement. California allows four years to sue on a written contract and two years to sue on an oral contract.
• Negligence. A negligence claim alleges that a contractor or design professional failed to use the care that a reasonably careful member of that trade would use.
• Compensatory damages. These damages cover the direct financial loss, such as the unpaid contract balance or the cost to repair defective work.
• Consequential damages. These damages cover indirect losses, such as lost rent or lost profits from a late opening. Many construction contracts limit or waive them.
• Attorney’s fees. Each side pays its own fees unless the contract or a statute provides otherwise. A fee clause often affects whether a smaller claim is worth pursuing.

What Are Important Aspects of a Construction Dispute Case?

The written contract determines most of the outcome. Notice provisions deserve particular attention because many contracts require written notice of a claim within a set number of days. A late notice can defeat an otherwise valid claim. The contract may also require mediation or arbitration before either party can go to court.

Documentation is the second factor. Daily logs, photographs, and emails show what happened on the project and when it happened. Licensing is the third. A contractor must hold the proper license for the work, and a licensing problem can affect the right to collect payment.

A company named as a defendant should also know what to do after being served with a lawsuit, because the response deadline begins on the date of service.

What Is The Construction Dispute Case Timeline?

The length of a case depends on the number of parties, the amount in dispute, and the forum. A two-party payment dispute can resolve within months, while a multi-party defect case takes considerably longer. A construction dispute attorney can give a more specific estimate after reviewing the contract.

1. Contract and document review. We read the contract and the project file to identify the claims, the defenses, and the deadlines.
2. Notices and demand. We send the notices that the contract requires, along with a demand letter. Lien and stop notice deadlines run during this stage, and they are much shorter than the deadline to file a lawsuit.
3. Negotiation or mediation. Many disputes settle at this stage, often with a mediator’s help.
4. Lawsuit or arbitration. If settlement fails, one party files a complaint or an arbitration demand. A court case then follows the standard civil litigation process of written discovery, depositions, and motions.
5. Trial or hearing. A judge, jury, or arbitrator decides the claims that remain.

What Should You Bring to Your Construction Dispute Consultation?

Bring the documents that define the agreement and show how the project progressed. Copies are sufficient.

• The signed contract is the most important document, and it should include every change order and amendment.
• Invoices and payment applications show what was billed, and bank or check records show what was paid.
• Emails, text messages, and letters exchanged with the other party often establish when a problem was first reported.
• Photographs of the work are useful, along with any inspection reports, notices, or court papers you have received.

During the free consultation, we review these materials and identify the claims and defenses. We also tell you whether the amount in dispute justifies the cost of litigation.

Mission Viejo Courts and Local Construction Resources

• The Orange County Superior Court hears construction lawsuits that arise in Mission Viejo. Its civil division handles both limited and unlimited cases, and the court requires electronic filing for certain documents.
• Mission Viejo Building Services reviews plans and inspects construction within the city. Its permit and inspection records are often used as evidence in a dispute.
• The Contractors State License Board licenses California contractors and investigates complaints against them. A complaint to the board can put a contractor’s license at risk, so a contractor should respond to one promptly.

Reach Out to Ghassemian Law Group to Schedule a Consultation

A construction dispute lawyer at Ghassemian Law Group can review your contract and identify the deadlines that apply to your claim or your defense. We offer free consultations, and we hold them at our Mission Viejo headquarters. You will leave the meeting with an explanation of your position and the steps available to you. Contact us to schedule your free consultation with a Mission Viejo construction dispute attorney.