Meeting The Unique Legal Needs Of Local Contractors
Construction disputes often carry high stakes for contractors. Our result-focused contractor dispute lawyers at Brown & Brown, Attorneys at Law, stand ready to protect your company and its future. Based out of Rancho Cucamonga, California, we help local contractors with construction disputes involving property owners and government entities, as well as contract drafting.
When Conflicts Arise With Property Owners
Contractors can face a variety of disputes with property owners in relation to construction projects. Common issues include:
- Payment and nonpayment disputes
- Conflicts over change orders and extras
- Lien filing and foreclosure
- Disputes over contract language
- Bond company issues
- Construction defect allegations
Whether you’re facing legal action as a contractor or considering pursuing remedies against a property owner, our legal team is here to provide the dependable advocacy you need.
Guiding You Through Disputes With Government Entities
Contractors regularly interact with government entities. Disputes with such entities can arise over a wide range of matters, from licensing and compliance to bid protests and procurement. We help contractors address legal conflicts with all types of government bodies, including cities, counties and California’s Contractors State Licensing Board. When you turn to our lawyers for your contractor legal defense, they will protect your livelihood at every step.
The Effective Contracts You Need
There are many measures contractors can take to reduce the chances of facing major legal conflicts. One is ensuring the construction contracts they reach properly protect their interests and set clear expectations for all parties. Our firm offers comprehensive contract drafting and review services for area contractors. Let our construction contract attorneys help you form agreements that meet your needs and align with your objectives.
California Contractor Disputes FAQs
The answers to these common questions about contractor disputes in California offer clear information grounded in state law and industry standards.
What is the deadline for a California contractor to file a mechanics’ lien or stop payment notice?
California law generally gives contractors 90 days after project completion to record a mechanics’ lien, although this period may be shortened to 60 days if a valid notice of completion or cessation is recorded. Stop payment notices follow similar timing rules, and both remedies depend on whether the contractor preserved rights through a preliminary notice.
Because missing a deadline can invalidate the claim, contractors should track project milestones and confirm whether any notices were filed by the owner that may shorten the filing window.
If a homeowner files a complaint against my license, how does the CSLB mediation and arbitration process work?
After a complaint, the Contractors State License Board (CSLB) first determines if the issue falls within its jurisdiction and then sends a written notice to the parties urging early resolution.
If the matter remains unresolved, a consumer services representative may initiate mediation, and certain disputes may qualify for CSLB-sponsored arbitration. This could result in a binding award with limited grounds for correction, making legal support essential.
What is a “20-day preliminary notice,” and is it required for my right to file a lien?
A 20-day preliminary notice informs the property owner, general contractor and lender that a contractor or supplier is contributing labor or materials to the project and expects payment. With limited exceptions, contractors who do not contract directly with the owner must serve this notice to protect the right to record a mechanics’ lien or serve a stop payment notice.
Serving the notice late does not eliminate lien rights entirely, but it limits recovery to work performed within the 20 days before service and all work afterward, making timely delivery essential.
Are “pay-if-paid” clauses enforceable in California construction contracts?
California courts have held that pay-if-paid clauses are unenforceable. This is because they improperly force subcontractors to forfeit constitutionally protected lien rights if the owner fails to pay the general contractor. Such provisions violate public policy, and courts treat them as void, meaning a subcontractor’s right to payment cannot depend on the owner’s payment to the general contractor.
Reviewing payment clauses carefully can help distinguish between unenforceable risk-shifting terms and permissible timing mechanisms.
Reach Out Now For A Free Consultation
We understand the unique legal issues and challenges you face as a contractor, and we are ready to help. Learn more about our services in a free initial consultation. You can schedule one by calling 1-800-349-8418 or sending an email.