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Construction equipment secured by mechanic's lien

Defective Plans and Specifications Attorneys

Overview

Defective plans and specifications are errors found in a construction contract’s project execution, material list, or blueprints. These errors can be as small as using the wrong paint color on an interior wall to a massive error such as having a compromised foundation that a newly built house will sit on. While it may be easy to think that the one performing manual labor is to blame, that is not always the case, in fact many persons to a construction contract may be the reason for some defective plans or specifications. 

The defective plans and specifications attorneys at Flores Ryan, LLP have expertise in every aspect of defective plans and specifications procedures, remedies, and strategies. We provide the legal expertise to ensure that each defective plans dispute is handled efficiently and effectively. Our extensive experience as defective plans and specifications attorneys allows us to advance claims strategically to maximize the likelihood of a rapid and substantial recovery. 

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ARTICLES

Construction worker laying brick mechanic's lien
California Mechanics Lien Basics

This article covers eligibility for obtaining, and requirements for perfecting, mechanics liens in California.

Mechanics lien deadlines sign with cones
Mechanics lien deadlines in CA

An overview of the deadlines applicable to recording and enforcing mechanics liens in CA.

Mechanics lien steps to take after recording
Steps To Take After Recording a Mechanics Lien in California.

Suggestions and strategies for securing payment after a mechanics lien has been recorded.

Construction question: Mechanic's Lien, Stop Payment Notice, Or Bond Claim?
Mechanics Lien, Stop Payment Notice, Or Bond Claim?

A comparison of statutory payment remedies and when some or all should be employed.

KEY POINTS

  • The court of appeal finds that the plaintiff in a suit for negligent damage to real property is allowed to recover either the cost of repair or the diminution in value, but not both.
  • Residual diminution in value may also be recoverable if the owner incurred a loss of value on their property.
  • A contractor is not liable for defects in construction if they are caused by mistakes in drawings and specifications that the contractor had no responsibility in preparing.
  • Performance specifications designate the performance to be attained by the finished product and sometimes permit the contractor to select the means of attaining that performance
  • Pursuant to California Civil Code section 3300, the breach of an obligation arising from a contract, the measure of damages is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom.
  • Pursuant to California Civil Code sections 3358 and 3359, the measure of damages for breach of contract that causes an injury to plaintiff's land is measured by its fair market value before the injury if this is less than the cost of repairs.

FORMS

Below you can generate the following forms that are applicable to mechanics liens: