Mission Viejo Contractor Dispute Lawyer

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

At Ghassemian Law Group, we provide trusted contractor dispute counsel for business owners throughout Mission Viejo, CA.

If your company is in a dispute with a general contractor, a subcontractor, or a property owner, a Mission Viejo, CA contractor dispute lawyer can enforce the contract or defend you against the other party’s claim. Ghassemian Law Group has handled these cases for 26 years. Our clients include general contractors, subcontractors, and developers.

Our headquarters is in Mission Viejo, and we represent construction companies based in the city. Request a free consultation, and we will review your contract and the claim with you.

Contractor Dispute Lawyer Mission Viejo, CA

A contractor dispute lawyer handles conflicts that arise from the working relationships on a construction project. The most common are disputes between an owner and a general contractor and disputes between a general contractor and its subcontractors. A contractor can also be in conflict with its bond company or with the state licensing board.

Owner-occupied homes account for 76.9% of the housing units in Mission Viejo, according to Census Bureau data. Remodels and repairs on those homes are performed under home improvement contracts, and the general contractor often hires subcontractors for individual trades. Each of those agreements can produce its own dispute. A Mission Viejo, CA contractor dispute attorney identifies which agreement governs the problem before taking any other step.

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

Contractor disputes are defined by who the parties are. The same unpaid invoice gives a subcontractor different rights than it gives a general contractor. Our contractor dispute attorneys represent each of the parties described here.

• Subcontractor nonperformance. A general contractor has legal options when a subcontractor fails to deliver the work or the materials it promised. The general contractor can terminate the subcontract, hire a replacement, and sue for the added cost. We advise on the notice that the subcontract requires before termination.
• Backcharges and offsets. A general contractor sometimes deducts money from a subcontractor’s payment for cleanup, corrective work, or delay. We challenge backcharges that lack documentation. We also defend backcharges that the subcontract allows.
• Pay-when-paid disputes. Many subcontracts state that the general contractor will pay the subcontractor after the owner pays. The enforceability of a pay-when-paid clause depends on its wording and on how long it postpones payment.
• Owner and contractor disputes. Homeowners and commercial owners dispute the quality of the work, the final price, and the completion date. Payment disagreements are the most common reason contractors get sued. We represent contractors in these cases, and we represent owners whose claims are large.
• Termination and abandonment. An owner may terminate a contractor for cause, and a contractor may stop work when it isn’t paid. Either step creates liability if the contract’s notice and cure requirements are not followed. We review the termination clause before our client acts.
• License disputes. A complaint to the Contractors State License Board can lead to discipline against a license. Problems also arise when the company that signed the contract is not the licensed entity. We defend contractors in board proceedings and in related civil cases.
• Bond claims. Owners, subcontractors, and suppliers make claims against a contractor’s license bond or a project’s payment bond. The bond company then seeks reimbursement from the contractor, and often from its owners personally. We represent contractors in disputes with claimants and with their own bond companies.
• Lien claims. Subcontractors and suppliers secure payment through mechanics lien rights that carry strict deadlines. We record liens for unpaid subcontractors. General contractors also hire us to resolve liens that a subcontractor has recorded against an owner’s property.

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

Ongoing Counsel to Southern California Construction Companies

Mahyar Ghassemian founded Ghassemian Law Group, and she has defended construction companies since 1999. She clerked for the Presiding Justice of the California Court of Appeal during law school. She then practiced construction and business litigation at larger firms before starting her own practice in 2010.

Many of her clients are contractors who call before a dispute becomes a lawsuit. Ms. Ghassemian serves these companies as a construction lawyer in Mission Viejo, CA by drafting their contracts and advising them during construction. She also speaks to members of the Associated General Contractors and other trade associations.

Contractor Licenses, Assets, and Payments Protected

• A property owner accused a general contractor of using unlicensed subcontractors and filed a complaint with the Contractors State License Board. We defended the contractor before the board and preserved his license.
• A general contractor sued a subcontractor on a large government project. The subcontractor’s own bond company then threatened to pursue the owner’s personal residence. We brought the bond company to our client’s side, and it stopped pressing for his personal assets.
• An owner refused to pay $900,000 on a $2.1 million hospital remodeling contract. We filed suit and recovered more than $800,000 for the general contractor.

Understanding Contractor Dispute Cases

What Are Important Aspects of a Contractor Dispute Case?

A contractor dispute lawyer looks first at the paperwork created before and during the job, because four items in that paperwork affect nearly every case.

• The prime contract or subcontract. The agreement sets the scope, the price, and the procedure for claims. A flow-down clause can bind a subcontractor to terms in the owner’s contract that the subcontractor never read.
• Written notice. Most contracts require written notice before a party can terminate, backcharge, or claim extra money.
• License status. Each contractor’s license must be active and in the correct classification for the work. A lapse in licensing can affect a contractor’s right to be paid.
• Indemnity and insurance. These clauses determine which company pays when a third party makes a claim. Careful drafting of these clauses is also a way to reduce litigation risk before a project starts.

Claims, Liability, and Damages in Contractor Dispute Cases

Breach of contract is the central claim in nearly every contractor dispute. The party suing must prove that an agreement existed and that the other party failed to perform it. That party must also prove a financial loss. A written contract carries a four-year filing deadline, and an oral agreement must be enforced within two years.

Negligence is a separate claim. A contractor is negligent when it fails to use the care that a reasonably careful contractor would use in the same circumstances. The claim applies when that careless work damages property or injures a person.

Damages are measured by the financial loss. An unpaid contractor can recover the contract balance and the value of approved extra work. An owner or general contractor can usually recover the reasonable cost to complete or correct the work.

What Is The Contractor Dispute Case Timeline?

A contractor dispute usually begins with a written demand or a notice of default. The other party responds, and the two sides exchange the key documents. Many cases end at this stage through direct negotiation, and the settlement is recorded in a signed written agreement.

If the dispute continues, the contract determines the forum. Some contracts require private arbitration. Others allow a civil lawsuit in superior court, where the parties exchange documents and take depositions before a mediation or a trial. A contractor dispute attorney can tell you which forum applies after reading the dispute resolution clause.

Lien, stop notice, and bond claim deadlines are shorter than the deadline to sue, so we address those remedies first.

What Should You Bring to Your Contractor Dispute Consultation?

Your documents allow us to give specific advice at the first meeting.

• You should bring the prime contract and every subcontract or purchase order related to the dispute.
• Change orders, payment applications, and lien releases show the payment history.
• We need any notices, demand letters, or license board correspondence you have received.
• Daily reports and jobsite photographs help establish the condition of the work.

We review these documents during the free consultation. We then tell you plainly where your position is strong and where it is weak.

Mission Viejo, CA Dispute Resolution and Licensing Resources

• The Orange County Superior Court offers civil mediation and arbitration for cases filed there. The court describes these programs as usually less formal and less expensive than a trial.
• The Contractors State License Board follows a published complaint process that includes mediation and, for some smaller disputes, arbitration.
• Mission Viejo Public Works manages the city’s capital improvement projects and oversees construction in the public right-of-way. Contractors on city projects work with this department.

Reach Out to Ghassemian Law Group to Schedule a Consultation

Ghassemian Law Group offers a free consultation to contractors, subcontractors, and owners involved in a dispute. During that meeting, a Mission Viejo contractor dispute attorney reads your contract and explains the remedies and the risks. We hold consultations at our Mission Viejo headquarters. Contact us to schedule a consultation about your contractor dispute.