Overview
Our attorneys at the Law Office of Howard L. Hibbard are well versed in the resolution of a wide variety of construction related matters including construction defect. Our office works with owners, contractors, sub-contractors, architects, engineers and property owners to resolve construction disputes and prepares contracts for construction related projects. Construction matters can be very complex and involve multiple parties, attorneys and experts. Our attorneys are known in the Bay Area for providing outstanding personal service and are experienced in negotiating individually tailored solutions to construction issues. To arrange a free consultation with one of our attorneys, contact us.
Types of Construction Related Issues
Construction Defects
Construction defects can result in costly and lengthy litigation. Construction defects may include foundation issues, water seepage, mold, dry rot, structural failure, and utility failures among others. Defects may occur as a result of poor workmanship, defective materials or improper planning, engineering or soil analysis. Our office is house counsel for a geotechnical engineering firm and regularly represented clients in resolving claims related to the failure of building components including: defective soil and water table reports, defective foundations, defective plumbing, electrical or mechanical systems, defective structures and defective building materials including windows, siding or flooring. This list is not all inclusive and additional claims may exist.
Construction Contractors
It is important for construction contractors and sub-contractors to have an understanding of their rights and obligations when taking on a new project. To promote effective and timely completion of projects, our office assists contractors and sub-contractors with construction contract negotiation, preparation and drafting of construction contracts, preparation of mechanic’s liens, sub-contact agreements, and dispute resolution for existing claims.
Preliminary Notices
A subcontractor who is not dealing directly with the property owner must serve a Preliminary Notice on the property owner, the general contractor and any lenders of record pursuant to Civil Code Section 3097 and 3098. This Notice informs the owner, contractor and lender of the subcontractors contact information, services and materials provided and estimated cost. Most importantly, the Preliminary Notice informs the owner that if the subcontractor is not paid, a Mechanic’s Lien against the property may be filed. If the Preliminary Notice is not filed, the subcontractor cannot file a Mechanic’s Lien as discussed below.
Mechanic’s Liens
Contractors and sub-contractors who are not paid for labor or materials provided at a job may file a Mechanic’s Lien against the real property where the services were performed if they properly served the Preliminary Notice. The Lien is recorded at the County Recorder’s office where the property is located. Essentially, the Lien encumbers the owner’s property interest as security pending payment for services or materials. If the lien amount is not paid, the unpaid contractor may foreclose on the property to ensure repayment. The California Department of Consumer Affairs – Contractors State License Board provided further general information on Mechanic’s Liens.
Services We Provide
The Law Office of Howard L. Hibbard provides flexible solutions and customized solutions to our construction clients including but not limited to: (1) evaluation on a case-by-case basis of all available options and assessment of risks; (2) consultations, phone calls, and status letters / e-mails to clients, (3) preparation Notices and Liens, (4) preparation of specifically tailored court documents and contracts, (5) legal research as necessary, and (6) aggressive representation at all negotiations, hearings and/or trials. The Law Office of Howard L. Hibbard is well versed in California real estate law and is vigilant in keeping up to date on changes in the law. If you have questions regarding construction related issues, please contact us for a free consultation.