Los Angeles Construction Disputes Lawyer

Elements Of A Construction Contract

A contract can dictate many factors in the project, including:

• Time frames
• Payment schedules
• Materials used
• Participating parties

While some disputes are inevitable, seeking the guidance of an experienced Los Angeles construction disputes lawyer to meticulously craft contracts can safeguard your rights. In the event of a breach, you may have grounds to pursue legal action for damages. In California, contracts hold legal weight and serve as a promise to fulfill obligations or make monetary payments. It is highly recommended to document all contracts as a precautionary measure in case any issues arise. Oral agreements are prone to misinterpretation, making written contracts a more reliable option.

Breach of Contract

A contract can be breached in any of the following ways:

• One party does not perform the tasks or duties promised, or they perform them but not in the way promised in the contract
• One party acts in a way that prohibits the other party from completing their obligations in the contract. An example of this would be one party does not complete the foundation so other parties involved are not able to fulfill their duties.
• One party refuses to complete their duties in the contract

If you’ve experienced a breach of contract, reach out to the Law Office of Eric J. Proos, PC to speak with our proficient construction law attorney in Los Angeles for expert assistance. Our team may help you seek compensation for damages in your case.

Compensation for a Breach of Contract

The calculation of damages can be done using either a cost-to-complete approach or a diminution-in-value method. The court will determine which method to pursue based on the specifics of the case. This decision will depend on various factors and details involved in the matter at hand.

• Cost-to-complete: The party that loses the case will be responsible for paying damages to either complete the project or replace a specific part, as specified in the contract. This approach is typically selected when one party has exhibited subpar workmanship or has failed to complete the project.
• Diminution-of-value: The party that does not fulfill the contract obligations will be responsible for covering the cost difference between the actual completed project and the project as specified in the contract. This approach is typically selected when one party has made substantial progress towards fulfilling their contractual duties, but the project remains unfinished or fails to meet the contract’s specifications.

Construction Real Estate Contracts

At the Law Office of Eric J. Proos, PC, we have extensive experience in real estate and construction and adeptly represent all parties involved in construction projects. We skillfully negotiate, draft, and enforce construction real estate contracts. However, it is crucial not to overlook three key concerns that are frequently disregarded in such agreements.

Contractor’s Right to Cancel

Homeowners, home buyers, and home sellers possess the right to cancel any construction contract within 3 days, free from any costs, penalties, or obligations. However, it’s important to note that these same rights are not automatically extended to contractors, subcontractors, architects, and other involved parties. To ensure fairness, construction contracts should include provisions that allow for contract cancellation under specific circumstances.

Errors and Omissions

Errors and omissions occur when mistakes are made during the execution of a contract, leading to incomplete or incorrect work. These errors often arise when subcontracting work that was previously assigned to another contractor. Issues with communication and contracts with subcontractors can result in injuries, delays, or damage to property.

Noncompliance of Construction Contracts

Noncompliance refers to a violation of a construction contract wherein applicable laws are not adhered to during the course of the project. A contractor becomes noncompliant when they fail to comply with these laws. Common instances of noncompliance include the lack of necessary permits and failure to meet building codes.

Contact Our Los Angeles Construction Disputes Lawyer Now

To ensure a successful construction project, it is crucial to begin by engaging the services of a seasoned construction attorney in Los Angeles. Whether you find yourself in the midst of negotiations, facing contract disputes, or dealing with construction defects, the team at the Law Office of Eric J. Proos, PC is ready to assist you. Get in touch with our skilled Los Angeles construction disputes lawyer today to schedule a consultation and experience the difference our expertise can make.