Construction Litigation Attorneys Have Extensive Experience in a Wide Array of Construction-Related Disputes
Firm represents property owners and contractors in construction disputes
Many residential and commercial construction projects trigger disputes between owners, design professionals, contractors, and subcontractors. At Penrose Chun & Gorman LLP, our Santa Cruz construction litigation attorneys represent families and homeowners’ associations who bring actions for defective construction. We also represent contractors, designers, material manufacturers, and suppliers who are either sued directly by owners or, more frequently, are sued by other defendants in what are known as cross-claims.
What to do when you can’t resolve a construction dispute
We have extensive experience with resolving construction-related conflicts both before and during litigation. Should negotiations fail, we represent clients in mediations, Special Master proceedings, court hearings, and binding arbitrations. Mediation is a non-adversarial process where a neutral person, usually retired judge or highly-experienced lawyer, attempt to negotiate a settlement. In binding arbitration, a neutral person chosen by the parties, hears each side and makes a decision, much like a trial. The rules of evidence are more lenient than court, so arbitration may reduce the time and expense to reach a resolution. Special Masters are neutral persons are appointed by a judge to oversee the proceedings of complex construction cases until trial. It is an efficient and effective system that is employed in most multi-party construction cases.
Accomplished construction defect attorneys litigate various California construction-related claims
Our firm has a strong track record handling construction disputes. The most common disputes involve allegations of defective construction. Often residential and commercial property owners find that significant parts of new construction, remodels, or repairs were not built according to plans, specifications, contract terms, and/or building codes. Often these defects are hidden and only discovered years after construction. These cases involve specialized knowledge of the laws that control such disputes, and of building practices and standards of care. Our lawyers work with highly skilled experts and consultants in building trades and forensic construction analysis to develop a comprehensive strategy for resolution or litigation.
Builders, contractors, design professionals, and material suppliers are frequently brought into these disputes either by the owners or via cross-claims alleging that they are liable for the damages. There is frequently a complex web of insurance policies, indemnification agreements, and “additional insured” endorsements that affect who is liable for a given problem. Thus, it is critical to retain an attorney who can untangle these arrangements and who is familiar with construction projects, processes, and professional standards of care. Our attorneys have decades of experience both defending and bringing such claims. Such cross-complaints also usually involve complex insurance issues which require in-depth familiarity with the nuances of insurance coverage.
Attorneys work with highly regarded construction experts
Developing a full understanding of all of the defects, causes of damage, apportionment of liability, and the scope and cost of repairs issues is a complex process. Our firm works with experts in architecture, engineering, general contracting, subcontracting, material analysis, and geotechnical analysis to investigate the relevant facts and develop a strategy to support our clients’ claims. If necessary, we rely on these established authorities to provide testimony during depositions, arbitrations, and trials. Having handled construction disputes for decades, we’re also very familiar with the special masters frequently assigned by courts to oversee the handling of these cases. Once we learn about the circumstances in your matter, our lawyers will outline the pertinent procedures and legal standards.
Firm uses informal settlement efforts and mediation to conserve clients’ resources
Most construction disputes require a significant investment of resources. Accordingly, parties may be reluctant to use time and money to battle in court, even if they are certain that the legal merits favor them. Whenever possible, we attempt to settle cases by meeting and conferring with other parties and their attorneys and insurance companies, or have a formal mediation to resolve conflicts without a lawsuit being filed. Our experience with alternative dispute resolution helps us to negotiate creative solutions during settlement efforts and mediation.
Contact a proven construction litigation attorney regarding your case
Penrose Chun & Gorman LLP represents residents and businesses in a wide array of construction-related disputes in California. For a consultation about your legal options, please call 831-515-3344 or contact us online. Our office is located in Santa Cruz.