Construction

It is important to understand what conditions permit a contractor to walk away from their construction contract, and under what conditions their customers may. While the specific grounds for terminating a construction contract vary depending on the specific terms of the contract and the applicable legal principles, this article covers the most common basis for termination. …

What are the Grounds for Terminating a Construction Contract? Read More »

Some of the most important provisions in your construction contract are the terms for requesting and receiving payment. This article covers the elements of payment clauses and their significance. Elements of payment provisions in construction contracts Common elements addressed in payment provisions include timing, rights to withhold payment, and conditions for final payment. How are …

What Clauses Concerning Payment Should You Look For In a Construction Contract? Read More »

You should pay attention to the dispute resolution procedures found in your construction agreement. The most common dispute resolution procedures in construction contracts include early resolution procedures, mediation, and arbitration/litigation. Why Include Dispute Resolution Procedures in a Construction Contract? Most construction contracts benefit from robust dispute resolution procedures because they set forth a series of …

What Dispute Resolution Procedures Are Common In Construction Contracts? Read More »

It is critical for subcontractors to scrutinize their subcontracts – specifically the payment clause.  Some clauses require payment by the owner to the general contractor before the general contractor is legally required to pay the subcontractor. These are commonly referred to as “Pay-If-Paid” or “Pay-When-Paid” clauses. However, knowing what type of clause is in your …

Pay-If-Paid Versus Pay-When-Paid: What’s The Difference Anyway? Read More »

A contractor on a private work of improvement can expect to encounter some type of design flaw, unexpected condition, or other change in the scope of work. Under typical circumstances, these changes usually require an approved change order. So, what happens when the contractor’s change order proposal is denied? The contractor must decide whether it …

Construction Contract Claims: Navigating the Landscape Read More »

It’s no secret; construction projects are frequently rife with defective plans and specifications. Determining if the contractor has a claim for additional time and/or compensation is often complex and time-consuming. Given the magnitude of damages which can result from defective plans and specifications, many contractors have no choice but to assert a claim. This article …

Defective Plans and Specifications: Do I have a Claim? Read More »

A Writ of Administrative Mandamus is a court order instructing the CSLB (or any other administrative agency) to review or reverse its decision. Importantly, however, before a petition for a Writ of Administrative Mandamus can be filed, the contractor must exhaust all of its CSLB administrative remedies.

The Daily Journal recently profiled Flores Ryan, LLP. Click below to read the article.

There’s no sugarcoating it. Encountering a differing site condition (“DSC”) on a jobsite can be a real headache. But whose headache is it in the end? The precise language contained in the contract documents, and whether the owner was truthful about the site conditions, are critical issues to evaluate in determining who may be legally responsible.

A property owner’s notice of nonresponsibility can be a powerful tool because it limits a mechanics lien foreclosure action to the work of improvement itself, specifically excluding foreclosure of the underlying property.