Construction Contracting & Payment Claims

Construction Contracting

In the United States, private construction spending reached around 627 billion U.S. dollars in 2013. New construction put in place is forecast to exceed one trillion U.S. dollars by 2015. Owners, builders, contractors and construction managers each have a different stake, and bear different risks, in a construction project.

Our attorneys are skilled at drafting, reviewing and negotiating construction contracts for private and public works of construction for owners, builders, contractors and construction managers. We regularly work with contractors and subcontractors win contracts put out for bidding by city, county and state public entities.

Together with our skills in construction contracting, project management, payment claims, jobsite liability and dispute resolution, our attorneys have decades of experience representing contractors throughout the construction project, enabling them to realize their profit margins.

Construction Payment Claims (Mechanics Lien & Payment Bond Remedies)

Any company that has had a problem obtaining payment for labor or materials supplied to a construction project knows how valuable mechanics’ lien, stop notices and payment bond procedures are in securing payment. However, the laws governing these remedies are complex and subject to change. California law offers two safeguards for parties that contribute labor, material or equipment or other construction services to a “private work of improvement”: (A) mechanics’ liens; and (B) stop notices. A third source of protection, the payment bond, is not required on private works of construction, but is typically associated with public works construction.

In 2012, the California legislature repealed California’s old Mechanics Lien Law (Civil Code 3082, et seq.) and replaced it with a new Mechanics Lien Law (Civil Code, sections 8000-9566 (Stats. 2010, c. 697, SB 189, §20), operative July 1, 2012). In addition to renumbering the sections of the Mechanics Lien Law, the new Mechanics Lien Law made certain substantive changes, such as expanding the definition of design professional and removing the term “acceptance by owner” from the definition of completion. These changes make the counsel of an experience construction remedies attorney all the more important to prevent the construction laborer, material supplier or design profession from losing his/her mechanics lien rights and remedies.

Whether you are a seasoned technology company or an entrepreneur considering bringing a new piece of software to market, sound legal advice is an integral part of your success. The lawyers of the Structure Law Group, LLP are skilled and experienced business lawyers who understand the unique needs of businesses that operate through e-commerce platforms. To schedule a consultation with one of our attorneys, please call our office today at 408-441-7500. Prospective clients can also contact our office via email by submitting our online contact form.