Anaheim Construction Law ADR Attorney

Anaheim Construction Law ADR Lawyer

It’s understandable to be initially confused about your rights during a construction dispute. These cases can easily become complex and hard to navigate if you have never done so before. Disputes can arise from contract issues, defects, compliance issues, and even payment issues. It’s important to know what you can do about it, including pursuing alternative dispute resolution (ADR). An Anaheim construction law ADR attorney can help you figure out your options.

Construction Law Is Often Confusing

The legal team at Engels-Janzen recognizes how complicated and confusing construction law cases can become for you. California’s construction laws alone can be hard to navigate without outside legal help from an Anaheim construction law ADR lawyer. Our team can bring decades of combined experience handling construction disputes and similar cases to your situation. It’s always wise to have options on how to handle a frustrating construction law dispute.

Common Construction Disputes in Anaheim

If you have a construction law dispute in Anaheim and choose to pursue legal action, your case will typically be handled by the Superior Court of California, County of Orange. Construction disputes generally involve high-value property and liens, so they are handled by civil court instead of criminal court.

The average cost of a new mid-tier home in California is $775,000, more than twice the price of the average home in the United States. These cases are common in Anaheim.

Before you can pursue a form of alternative dispute resolution for your case, you should be aware of the most common causes of construction disputes in Anaheim. California state law protects home buyers from bearing the cost of certain construction problems in a new home, particularly defects.

If you are a property owner in need of legal help because of a construction dispute, Engels-Janzen can help. Here are some of the most common types of construction disputes:

• Payment disputes. We can advocate for both contractors and property owners, and payment disputes can affect everyone. If you’re a contractor who has not yet been paid for your work or was paid less than the agreed-upon price, it’s understandable to be frustrated. If you’re a property owner who is refusing to pay a contractor because of a defect or an unapproved change order, we can help you resolve that as well.
• Construction defects. It can be immeasurably frustrating and enraging to discover that a contractor has completed their work on your property, but left behind numerous construction defects that have made your property unsafe. Faulty workmanship, design errors, and even failure to consider soil problems can all result in severe consequences to your home or property. Soil problems alone cause $3.7 billion in annual statewide economic losses.
• Disruption. When you hire a contractor to do construction work on your property, there’s nothing wrong with expecting the project to be completed in a timely manner, especially if you have a contract that says the work will be completed by a certain date. A delay in the work schedule, mismanagement of subcontractors, and various acceleration costs can all result in unwanted delays and disruptions. This can often lead to a dispute.
• Contract disputes. Whether you are a contractor dealing with an unfair client or a property owner facing issues from a belligerent contractor, contract disputes are often the main reason for conflict in the construction business. The last thing you want is to endure a breach of contract, and it’s important that you consider legal action if a contract was breached or otherwise disputed. Our team can help you determine a path forward.

ADR Options in California Construction Disputes

Alternative dispute resolution is a way to resolve legal disputes outside of a courtroom and without enduring messy, expensive, and emotional litigation. ADR is generally faster, less formal, more confidential, and much less expensive than a trial. The aim is for both parties to sit down and discuss their situation rationally to reach a mutually beneficial conclusion that avoids litigation entirely. Here are some of the possible ADR options at your disposal in California:

• Mediation. If you decide to pursue mediation, you and the other party involved in the dispute will sit down with an impartial third party, known as the mediator. The mediator will guide the discussion where it needs to go, offering advice when asked. The hope is that by sitting down and talking things out in the presence of an unbiased third party, you will be able to find common ground and reach an acceptable agreement.
• Arbitration. Arbitration is similar to mediation, but ends with a legally binding agreement, should you so choose. Like mediation, you and the other party will sit down with a neutral third party to discuss a solution. An arbitrator is more like a private judge who weighs the evidence presented to reach their own conclusion. If you choose to move forward with binding arbitration, you will be forced to accept the arbitrator’s decision, which will be final and legally enforceable. If you choose non-binding arbitration, you or the other party can reject the arbitrator’s decision and request a trial in court after all.
• Settlement conference. A settlement conference is generally a court-ordered ADR process. A judge or a volunteer attorney can help both parties negotiate a settlement out of court. Settlement conferences are usually scheduled closer to the trial date and are used in civil cases to avoid the time and expense of a trial. Depending on the situation, they can be mandatory or voluntary.

Hire a Construction Law ADR Attorney Today

The wisest move you can make for your case is to hire a construction law ADR attorney to assist you in working through a method of resolution that avoids the courtroom. It can be difficult to work through mediation or arbitration without a goal in mind, a strong plan, or legal assistance in your corner. At Engels-Janzen, our highly experienced team can walk you through the process and assist you when necessary. Contact us to speak to someone on our team who can help.