Construction Disputes and Lawsuits in California

The Inland Empire, Rancho Cucamonga Attorneys of David H. Ricks & Associates Provide Quality Legal Representations to Contractors, Subcontractors, Material Suppliers, Owners and Developers Needing Construction Litigation, Mediation or Arbitration Services

Each year in Southern California there are thousands of lawsuits filed against developers, builders, general contractors, subcontractors and material suppliers involving construction defects, breach of contracts and product defects. These construction lawsuits are often extremely expensive and time consuming. Having a good construction litigation attorney working for you is necessary to your success with construction disputes. Just as important, is having a construction lawyer that will do the work without breaking the bank for the client. At David H. Ricks & Associates, we merge quality, effective litigation experience, with reasonable and fair legal fees. Our guiding philosophy is to find cost effective solutions to the legal problems faced by our clients.

 

Because of the high cost of liability insurance, many contractors and subcontractors are operating without insurance while others are finding their the tender of their claims being denied because the insurance company denies coverage for the construction defect claim. This means the contractor, supplier or developer must pay for their own legal defense and any judgment that is imposed. David H. Ricks & Associates understands the terrible cost associated with many lawyers and law firms. To provide cost effective legal representation, David H. Ricks & Associates has kept its overhead low and its quality high. We do not need to charge high fees to pay for high-rise offices that over look downtown Los Angeles or the California coastline. We pass those cost savings on to our clients.

 

We take the time to fully understand your trade, the work performed by you and all the relevant issues that may impact the success of your case. If you are involved in any with the following claims, or seeking representation for matters involving any of the following claims, contact us immediately for prompt attention and experienced advice.

 

  1. Breach of contract

  2. Breach of warranty

  3. Design defects

  4. Construction defects

  5. Electrical problems

  6. Code violations

  7. Structure damage

  8. Excavation damage

  9. Foundation cracks or deficiencies

10. Mold

11. Poor workmanship

12. Mechanics Liens

13. Collections

 

If you are facing construction defect litigation, breach of contract claims or product defect claims, call us today at 909-481-0100 for a prompt consultation and evaluation of your case. If you retain us, and we accept your case, we will advise you of your legal options, give you a reasonable fee schedule and begin our work on your behalf. We believe our value and ethics are what set us apart. You may also contact us by e-mail at davidr@ricksassociates.com (put "Request Legal Representation" in the subject line or you can submit your case online from this website.
 

If you are a contractor, subcontractor, material supplier, property owner or developer needing a construction litigation lawyer in the Inland Empire, including San Dimas, Glendora, Claremont, Pomona, Chino, Chino Hills, Ontario, Upland, Diamond Bar, Corona, Norco, Mira Loma, Rancho Cucamonga, Alta Loma, Etiwanda, Fontana, Rialto, Bloomington, Highland, Colton, San Bernardino, Grand Terrace, Redlands, Loma Linda, Yucaipa, Riverside, Apple Valley, Victorville, Hesperia, Big Bear, Lake Arrowhead, Crestline, Blue Jay, Mt. Baldy, Wrightwood or any place in between, a construction litigation trial lawyer from David H. Ricks & Associates is a good law firm to have on your side.

 

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FAQ
What is a mechanic’s lien and how does it work?

 

Before we get to the mechanic’s lien we have to talk about a 20-day preliminary lien notice. Except for a contractor that is directly contracted with the property owner, this notice must be sent to the property owner to notify him/her of a subcontractor’s or supplier’s contribution to the property. The notice should be sent within 20 days from the time work began by that contractor to secure all the work performed. If it is filed later, it will only reach back 20 days from the date of the notice. If the document has not been sent (whether or not received) no mechanic’s lien can be enforced.

 

 

WHAT DO I NEED TO PROVE FOR A BREACH OF CONTRACT CASE?
 

Civil Code section 1549 provides: “A contract is an agreement to do or not to do a certain thing.” Courts have defined the term as follows: “A contract is a voluntary and lawful agreement, by competent parties, for good consideration, to do or not to do a specified thing.” (Robinson v. Magee (1858) 9 Cal. 81, 83.)

 

A breach of contract is when one or more parties fail to perform the agreement entered into prior to the performance of the specified thing.

 

 

 

CAN I RECOVER ATTORNEY FEES IF I WIN MY BREACH OF CONTRACT CASE?

 

This is probably one of the most often asked questions of me when I start my review of a breach of contract case. Whether a case proceeds to litigation often depends on the ability to recover the cost of attorney’s fees from the opposing party. I often see businesses or individuals that are owed $20,000.00 or less from someone that did not pay for the services or did not pay on a loan. 

 

 

 

  

What is a "Preliminary 20-day notice" and as a California contractor, material supplier or subcontractor do I have to serve one to protect my rights?

 
First, the preliminary 20-day notice is a written notice from a contractor/subcontractor/material supplier that is given to an owner, the general contractor, lender and/or construction financer of a property, advising them that the individual or company is either delivering supplies or performing construction related services on a particular parcel of property or on a building. 
 
 
 

If I have a signed purchase contract, and the seller tries to back out and sell the property to another for a higher price, what rights do I have?
 

 
This problem was prevalent in the time period when the property values were skyrocketing.  In fact, there was a lot of litigation between buyers and sellers because we were seeing property values rise weekly and sellers were trying to capture the highest price regardless of the consequences to the buyer and his or her family. 

 

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