NB counts among its clients numerous general contractors and subcontractors in the San Diego area. Our San Diego Construction Law attorneys assist their contractor clients in drafting and enforcing construction-related agreements including:
Custom Construction Contracts: Oftentimes, a boilerplate form contract may not be suitable for a particular project. Other times, a form contract is simply too one-sided. Moreover, almost all construction contracts have certain requirements regarding notice, font, and layout which clients must be careful to observe. NB can help craft a construction contract that fits the particular situation, clarifies the rights and obligations of the parties, and protects the client to the utmost.
Mechanics’ Liens: A properly recorded mechanics’ lien is the most powerful tool a contractor has to ensure payment. It is such a powerful and important right that it is guaranteed by the California Constitution. A mechanics’ lien provides security, in the form of a lien or encumbrance, against the property on which the contractor provided materials or services. However, there are a number of steps that must be taken, in proper order, and under strict timelines, in order for a contractor to successfully claim the rights under the California Mechanics’ Lien laws.
Preliminary 20-day Notices: A preliminary 20-day notice is a requirement (a “prerequisite”) to enforcing a mechanics’ lien. Sometimes called a “pre-lien notice,” a preliminary 20-day notice is the notice which subcontractors and materialmen give to the general contractor, owner, and construction lender, letting them know that the subcontractor is providing labor and/or materials to the project. As with the mechanics’ lien, there are specific deadlines and other legal requirements governing a pre-lien notice.
Stop Notices / Notice of Non-Responsibility: While a mechanics’ lien is the most powerful tool for a contractor to assure payment in most situations, a stop notice may sometimes be even more powerful. This unique device, properly executed, requires an owner or construction lender to “earmark” funds and set those funds aside for payment to the contractor (if the contractor proves he is entitled to them). A mechanics’ lien is a lien upon the property; a stop notice is a lien upon the funds. Again, this remedy has specific and strict requirements. Call NB for more information.
Payment Bonds / Performance Bonds / Contractor Bonds: There are other ways for a prudent contractor to ensure payment. Various types of bonds may provide the necessary protection. Call NB to find out whether a particular bond may help guarantee payment.
- Management Contracts (PM CM Projects)
- Architectural Agreements
- Home Improvement Contracts
- Construction Financing Agreements
The N&B lawyers have also represented clients, both owners and contractors, in litigation involving:
- Construction Defect claims
- Contract Disputes
- Owner/Contractor Disputes
- Tort Liability / Premises liability
- Warranties
- Surety Bonds
- Performance or Breach
- Delays and Disruptions
Indemnity: NB’s substantial construction law background provides a depth of knowledge and experience to help vindicate its clients’ rights.
RECENT ACHIEVEMENT: After the general contractor for a retail automotive service station failed to pay its subcontractors, suppliers, and material men, a local San Diego business was faced with numerous 20 day preliminary notices, mechanic’s liens, lawsuits, and lis pendens against its property. The attorneys at NB defended the lawsuits, negotiated settlements, and avoided hundreds of thousands of dollars.