A consultation is a great opportunity to determine whether an attorney is needed. This is highly dependent on the specific factual circumstances. Please call our office to find out more information.

A basic tenant of law in the United States is that you may represent yourself in a court of law. While this is not recommended, it is your right.  Keep in mind that many construction businesses are not sole proprietorships and some have different corporate structures, whereby you may need an attorney to represent yourself regardless of how your business is organized.

The answer to this depends on the corporate structure. For example, if the entity is an LLC (limited liability company) or an LLP (limited liability partnership) they will still require representation in order to appear in court. This is true even for principals or business owners operating their business. So, in the majority of cases, a construction lawyer will be needed in order to go to court in a construction dispute.

Most often, even for those individuals who choose to represent themselves in court, a person may have a better outcome by being represented  by an attorney. Representing oneself in court puts you at a great disadvantage in most instances. Lawyers are experts at their trade, and there’s a reason they get paid to do what they do. 

Small claims court has its own set of rules and requirements. It’s specifically designed to be a faster and less expensive version of traditional litigation. Small claims court is designed so that lawyers aren’t needed in the same way they must be actively involved in litigation. As described above,  individuals (or sole proprietors) can represent themselves in court because it is their right. But corporate entities of various kinds (LLCs, LLPs, or other types) must be represented.

Note that a lien or other real property action belongs in “superior court” (regular court) and not in small claims court, as do most other construction-related claims and issues.

The answer to this question is highly dependent on what type of claim is involved. Be advised that leveraging liens, bonds, and potential legal claims may not require a lawyer in the beginning but will have advantages in enforcement if you do obtain legal representation.

Not every construction payment dispute will require the use of an attorney. The laws governing mechanics liens and bond claims in California can be leveraged without the use of an attorney. In order to file a mechanics lien or bond claim you do not need to use an attorney. However, when it comes to enforcing these claims a construction attorney will likely be necessary.

In disputes involving prompt payment and retainage actions you will typically require some form of legal action after the initial claim is made. In these cases, it is likely you will need to be represented by an attorney, and it is advised that you seek the advice of an attorney if you find yourself in this situation. In situations involving construction payment the advice of an attorney is recommended because the threat of a claim will carry some weight. For instance when a letter demanding payment is coupled with the threat of legal action the dispute is far more likely to be resolved prior to litigation.

When someone says that you’ll hear from their lawyer, it’s a cry for attention.
They want you to pay attention to them and take them seriously; they want you to feel intimidated because they want you to imagine going to court against a team of well-armed legal assassins dressed in tailored suits. Nobody wants that, so they are playing upon your fear.
It’s not to say that you won’t hear from their lawyer. It’s just that when they tell you that you will hear from their lawyer, they want you to scare.

Absolutely.

It’s common practice for contractors, sub-contractors, suppliers, consultants or other tradespeople in the construction industry to use the same contract on every job. While this may generally be a good practice since you are familiar with its terms and conditions, keep in mind that your contract should still be reviewed by a construction lawyer. A review of the strengths and weaknesses of the particular agreement will assist with the identification of potential risk in your agreement in order to help mitigate potential liabilities.

Even if a party will be using a contract form that they are unfamiliar with it is still a good idea to have the agreement reviewed by a construction attorney before signing on the dotted line. It’s not uncommon for construction contracts to contain troublesome clauses that pass the risk onto the other party, shifting an unfair amount of liability, or consent to a less-than-ideal dispute resolution terms. Construction lawyers are experts at deciphering contracts. In addition, construction lawyers follow the law and are up to date with changes to existing case law, new laws and regulations and the different legal interpretations thereof. 

It is wise to have construction contracts reviewed on a continuous basis in order to make sure they are up to date with current law. It is unfortunate that many construction businesses and parties in an agreement find out too late that their original contract is no longer enforceable because of a change in the law.  

By and large, the best way to utilize a construction lawyer is to avoid legal situations before they pop up. Even when a construction lawyer is reactively brought in – doing so sooner than later can help keep a dispute under control.

Parties being sued. Fighting a lawsuit without the help of a lawyer is generally a bad idea. Sure, a lawyer might get expensive – but losing the suit (and failing to minimize exposure) will cost a lot more. An attorney may be able to identify a potential cross-claim where you may bring suit against the party naming you in a lawsuit that may work in your favor as well as identify potential defenses and strategies for mitigating exposure.

Parties suing someone else. Filing and fighting a legal battle without the help of legal experts is generally a bad idea as it puts you at a disadvantage and opens you up to liability. If you have suffered harm at the hands of a construction agreement or dispute it is helpful to know about legal strategy before filing suit.

When you are not receiving payment for work completed or are generally not being paid, there are a number of tools which may be useful to help you solve your problem. A construction attorney will help you consider which tools may be the most likely to result in payment.