Mission Viejo Construction Contract Dispute Lawyer

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

At Ghassemian Law Group, we are Mission Viejo, CA construction contract dispute lawyers committed to thorough preparation in every matter we handle.

If the other party to your construction contract has failed to perform, or has accused you of breaching the agreement, a Mission Viejo, CA construction contract dispute lawyer can assess the claim and pursue or defend it. Ghassemian Law Group drafts construction contracts and litigates them. Our attorneys have 26 years of experience with these cases.

We prepare each case from the contract documents outward. A free consultation at our Mission Viejo headquarters is the first step, and you can request one today.

Construction Contract Dispute Lawyer Mission Viejo, CA

A construction contract dispute lawyer interprets the agreement between the parties and enforces it. The work begins with the document itself. The attorney determines what each party promised, whether each promise was kept, and what the contract says should happen after a breach.

California has approximately 300,000 licensed contractors, according to the Contractors State License Board. Every project those contractors perform rests on an agreement, and many of those agreements are short proposals or industry forms that the parties never negotiated in detail. Disputes follow when the document is silent or unclear on the point that later matters. A Mission Viejo construction contract dispute attorney reads the agreement the way a judge or an arbitrator will read it.

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

Construction contract cases differ according to the kind of agreement and the clause in dispute. Some contracts are detailed forms with dozens of pages. Others are a one-page proposal, an email, or a conversation.

• Oral agreements. A verbal construction contract can be valid in California, but the parties often remember its terms differently. We use invoices, payments, and the parties’ conduct to prove what was agreed.
• Informal written agreements. Contractors and owners frequently set the scope and the price through emails or text messages. These exchanges can form an enforceable agreement when the terms are clear. We assemble the full exchange and identify the terms it establishes.
• Home improvement contracts. California imposes specific written requirements on a home improvement contract. A contract that omits them is harder for the contractor to enforce. We represent contractors in these disputes, and we represent homeowners with large claims.
• Scope of work disputes. The parties disagree about whether a task was included in the original price. We compare the scope description with the plans, the specifications, and the bid.
• Price and estimate disputes. An owner may object when the final bill exceeds the written estimate. The answer usually depends on whether the contract set a fixed price and whether later changes were documented.
• Change order clauses. Most contracts require a signed change order before extra work begins. Disputes arise when the parties skip that step on the job site. We handle these claims for contractors and for owners.
• Assignment and licensing problems. A contractor sometimes forms a new company in the middle of a project and wants to assign the contract to it. The timing of the new company’s license affects whether that company can enforce the contract.
• Indemnity and dispute resolution clauses. An indemnity clause can shift responsibility for a third party’s claim from one company to another. An arbitration clause can remove the case from court entirely. We litigate the meaning and the enforceability of both.

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

Attorneys Who Draft Construction Contracts and Try Them

Mahyar Ghassemian started her own practice in 2010 after leaving a partnership at a civil litigation firm. That practice became Ghassemian Law Group in 2013. She writes contracts for construction companies to use in their daily business, and she has litigated construction contracts since 1999. Drafting experience helps in litigation because she knows why a clause was written and how the other side is likely to read it. Ms. Ghassemian is a frequent speaker at the Orange County Bar Association and at construction trade associations.

Contract Cases We Have Resolved

A construction lawyer in Mission Viejo, CA at Ghassemian Law Group handles a contract dispute from the first demand letter through trial.

• A city claimed that a general contractor had delayed a public works project and performed defective work. We defended the contractor, and the dispute was resolved in the contractor’s favor.
• A general contractor held recurring contracts with a shopping center developer worth about $3 million per year. A subcontractor’s lawsuit put those contracts at risk. We resolved the dispute, and the general contractor kept the work.
• Our clients faced personal liability in a $15 million business case against a multinational corporation. We defeated the individual liability claim and saved their business.

What Is Important To Understand About Construction Contract Dispute Cases?

Breach, Liability, and Damages in Construction Contract Dispute Cases

A party breaches a construction contract when it fails to do something the contract required and has no legal excuse. The party that proves a breach can recover damages. The contract itself often limits or expands those damages.

• Expectation damages. The injured party recovers the amount needed to put it in the position that full performance would have produced. For an owner, that amount is usually the cost to complete or repair the work.
• Lost profits. A contractor that was wrongfully terminated can recover the profit it would have earned on the remaining work.
• Liquidated damages. Some contracts set a fixed daily amount for late completion. The clause replaces proof of the owner’s actual delay losses.
• Waived damages. Many contracts contain a mutual waiver of consequential damages, such as lost rent or lost business income.

A lawsuit on a written contract must be filed within the four-year limit that California law sets. The limit is two years when the agreement was oral.

What Is The Construction Contract Dispute Case Timeline?

The contract usually dictates the first steps, and the court or the arbitrator controls the later ones.

• The first stage is a notice of the claim or the default, sent in the manner the contract specifies.
• Many contracts then give the other party a set period to cure the problem.
• Some contracts require a meeting between the parties or a mediation before any formal proceeding.
• A lawsuit or an arbitration follows if those steps fail. The parties exchange documents and take testimony during this stage.
• The case ends with a settlement, an arbitration award, or a court judgment.

A construction contract dispute attorney can estimate the length of each stage after reading the contract.

What Are Important Aspects of a Construction Contract Dispute Case?

The agreement is rarely a single document. A typical construction contract incorporates the plans, the specifications, and the general conditions. The first task in any case is to identify every document that forms the agreement and the order in which they apply when they conflict.

The parties’ conduct matters as well. A party that repeatedly accepts late payments or unsigned changes may lose the right to insist on the written procedure later. Courts also look at what the parties wrote to each other during the project. For that reason, written contracts and written records are far easier to enforce than recollections.

The attorney’s fee clause deserves attention before a case is filed. If the contract awards fees to the prevailing party, the losing side generally pays for both lawyers.

What Should You Bring to Your Construction Contract Dispute Consultation?

We ask clients to bring the complete agreement, including the parts that seem unimportant.

• The signed contract should come with every exhibit, addendum, and set of general conditions.
• The proposal, bid, or estimate that preceded the contract often explains what the parties intended.
• Change orders and written requests for changes show how the agreement was modified.
• Notices of default, termination letters, and demand letters establish the dates that control the deadlines.

We read these documents during the free consultation. Our construction contract dispute attorneys then explain how a court is likely to interpret the disputed clause and what the case may cost to pursue.

Mission Viejo, CA Filing Information and Contract Resources

• The Orange County Superior Court requires represented parties to use civil electronic filing in limited, unlimited, and complex civil cases.
• The California Courts publish a plain-language guide to breach of contract cases that covers the elements of a claim and the common defenses.
• The City of Mission Viejo posts its construction bid opportunities for contractors who want to work on city projects.

Reach Out to Ghassemian Law Group to Schedule a Consultation

Ghassemian Law Group reviews construction contracts for contractors, developers, and owners who are in a dispute or expect one. The consultation is free, and we hold it at our Mission Viejo headquarters. You will receive a clear reading of your contract and a recommended course of action from a construction contract dispute lawyer. Contact us to schedule your free contract review.