Contractor Litigation Information

contractor litigation - mcfarlin llp

In California there are a few things that builders and contractors face on a daily basis in order to meet certain standards. Because of the “strict liability” nature of the Right to Repair Act this means that plaintiffs have a lower standard of proof. Issues fall under the seven potential categories of water intrusion, structural, soil, fire protection, plumbing and sewer, electrical systems, and a miscellaneous category to account for other possibilities. Construction defect challenges can make life more difficult for contractors and builders, so it’s important to define this area to better prepare.

Negligence is one of the most frequently used allegation against contractors and builders. This is when a contractor provided poor professional standard of care or did not comply with the building code. This has to be demonstrated by a plaintiff in court. Due the the somewhat subjective nature in each unique situation, experts are often needed to testify. Many times the defendant will bring on their own expert to try and prove that the work they did was up to par with professional standard care as well.

A Mechanics’ Lien is a commonly used method that contractors can use to get paid for work they have done. The process of filing for this is complex however, because it has been abused many times in the past. Because of this California has made the process quite complicated and extensive. Missing certain information can lead to the claim not going through which is an extensive waste of time. This is an area that McFarlin LLP has plenty of experience with and will gladly help guide you through this complex process.