Newport Beach Construction Law ADR Attorney

Newport Beach Construction Law ADR Lawyer

Navigating a construction law dispute can be difficult in many different ways, whether you are a contractor or a property owner. There’s nothing wrong with expecting people to honor a contract or get work done properly. Construction disputes can end working relationships, create animosity, and tarnish reputations in a competitive industry. Instead of resolving things in court, you should consider alternatives with a Newport Beach construction law ADR attorney.

The legal team at Engels-Janzen can help you work through construction disputes and construction law cases without ending up in an expensive court battle. California’s complex construction laws can often be hard to decipher, especially if you’ve never been through something like this before.

A Newport Beach construction law alternative dispute resolution (ADR) attorney can support your case and provide options. Our firm has over 20 years of experience with cases just like yours.

ADR Options in Newport Beach

If you have a construction law dispute in Newport Beach and choose to resolve the matter legally, your case will be handled by the Orange County Superior Court, which can be found at the Harbor Justice Center on Jamboree Road. This court handles civil matters related to construction issues. These cases are common throughout California. The median cost of a mid-tier-sized home in California is $775,000, which is twice the US average.

Alternative dispute resolution is a common method of resolving various civil disputes without involving the courts, a judge, or a jury. Litigation can be expensive, messy, complex, and unpredictable. Through ADR, your experience can be cheaper, simpler, focused, informal, and much more private. The goal of ADR is for both parties to reach an amicable or at least civil resolution without litigating. Here are some possible methods of ADR you may want to use:

• Mediation. One of the most common forms of ADR is mediation. You and the other party sit down with a neutral mediator who will guide the trajectory of the conversation, making sure everyone stays on track and the relevant topics are discussed at length. You are not legally required to accept the final judgment of a mediator, as they are simply there to provide advice when necessary. Your lawyer can be present.
• Arbitration. Arbitration is another commonly used form of ADR. It’s similar to mediation, but it can end with a legally enforceable agreement. Much like mediation, you and the other party will sit down to discuss the dispute. Instead of a mediator, you’ll have an arbitrator. They’re more like a judge, and they’ll weigh the evidence presented to them by both parties and reach a conclusion. There are two forms of arbitration you can choose from. There’s binding arbitration, in which you must adhere to the arbitrator’s decision, which is legally binding. There’s also non-binding arbitration, where you or the other party can reject the arbitrator’s final judgment and choose to go to trial anyway.
• Settlement conference. Settlement conferences are generally used as a last resort before a trial. They are also usually ordered by the court. Either a judge or a volunteer attorney can work to negotiate a deal between both parties before a trial in an effort to avoid the time and expense. Settlement conferences don’t always work, and they can be voluntary or mandatory depending on the details of the case at hand.

Common Construction Disputes in Newport Beach

While it’s important to know the most effective way to resolve your construction law dispute, it’s just as important to understand the full nature of your dispute itself. California has very protective construction laws that prevent new homeowners from absorbing the cost of some construction problems, including defects.

Our firm can help property owners and contractors alike find a reasonable resolution to the dispute at hand. Here are some common disputes in Newport Beach:

• Construction defects. If you hire a contractor to do work on your home or place of business, it can be enraging to find defects in their work. Construction defects can cause many other problems, including rampant safety concerns. The expense to fix the defects can be its own problem. Issues involving shifting soil in a building’s foundation have caused $3.7 billion in annual losses throughout the state. We can help resolve this.
• Payment disputes. Regardless of whether you are a contractor or a property owner, the last thing you want to deal with in a construction deal is any kind of payment dispute. It’s reasonable to be paid properly for your efforts, and it’s reasonable to be charged the amount you agreed upon when the work is complete. We can help you determine a better way to resolve the dispute through ADR and avoid litigation.
• Contract disputes. Disputes over a contract are some of the most common construction law disputes in California. Whenever you sign a contract, either for a job you’re running or a contractor you’ve hired, it’s understandable to expect all parties involved in that contract to do their part. You don’t want to deal with a breach of contract, as the legal consequences can be overwhelming to pursue. Our firm can provide a path forward.
• Project delays. There are many different situations that can cause a project delay. Some are out of anyone’s control, like acts of nature. However, other delays can stem from labor shortages, unforeseen site conditions, material shortages, or just plain bad management. It’s understandable to be angry about a project delay, especially if it persists. Our firm can help you negotiate your way out of a delay.

Hire a Construction Law ADR Attorney Today

You should always consider every option available to you when you are dealing with any sort of legal situation, including a construction law dispute. You may want to hire a construction law ADR attorney to provide you with options for resolving your dispute without having to commit to the cost, time, and emotional drain of litigation.

At Engels-Janzen, our skilled legal team can stand by you, build a strong case, and make sure nobody tries to take advantage of your position during this ordeal. Contact us to speak to someone who can help.