Common Construction Litigation Issues

Payment disputes are not uncommon in the construction industry. This is especially true in large commercial or multi-unit projects where the general contractor is working with dozens of sub-contractors and suppliers and a slight hitch in one trade’s work can cause a domino effect of requests for information, plan changes, removal and repair of non-compliant work, and change order requests. These issues not only cause delays and inefficiencies, but frequently devolve into payment disputes which, in turn, can result in mechanic’s liens being recorded against the project and stop notices being served on the owner or lender. In these situations, it is critical for the parties involved to respond quickly and effectively to the problem in order to limit its impact on the project and their bottom line.

How Our Experience Helps

We have extensive experience representing clients in construction payment disputes of all sizes, including those involving the enforcement of mechanic’s liens, stop notices, payment and performance bonds, and actions for breach of construction contracts. We are fully conversant with the statutory scheme that governs enforcement of payments in the construction context. We strive to handle these types of disputes such that the impact on the construction process is limited and the project itself is not delayed, while protecting our client’s payment rights.

Representative Matters

• Representation of major landscape contractor in prosecuting and defending numerous breach of contract, mechanic’s lien and stop notice actions
• Represented general contractor in connection with construction defect litigation arising out of the renovation of the central plant of a major Los Angeles hospital
• Represented subcontractor in connection with the enforcement of mechanic’s liens and the collection of amounts owing from the owner and general contractor of a failed development project
• Represented general contractor, and obtained writ of attachment, in action to recover damages from subcontractor arising from breaches of contract and fraud relating to installation of underground tanks at a multi-family development
• Defended general contractor in mechanic’s lien and stop notice action brought by subcontractor regarding payments due under terminated contracts for concrete work at a 140-unit apartment project and prosecuted cross-complaint for damage arising out of that work

If you would like to discuss how our experience can assist you with your specific business dispute or legal issue, please contact us for a free telephone consultation.