The contractor I hired made a mess of my home, now what?

The Frustration of Unfinished Construction Projects

There are many reasons why construction projects can be delayed, such as shortages in material, permit or inspection delays, a lack of qualified workers, or, more commonly, because of poor scheduling and management by the contractor. Most of those problems can be overcome and the project put back on course, those that can’t can get messy if not managed well.

Contractor Work Management

It is important to keep in mind that contractors are only paid if they are working so most try to “stack” projects, giving them a steady flow of work across several projects. This ensures work for the contact but can create the potential for delays where work on one project takes priority over work on another.

Expectations from Contractors

We hire contractors with the expectation that our contractor will do what they say, that their work will be good, that it will be completed on time, and that they will not over bill us; we do not expect the contractor to make a mess out of our house and then leave.

Reality of Contractor Performance

Most contractors are dependable, responsive, and want to build a good product for their clients, but even they fall short on occasion.

Experience with Construction Disputes

I have represented contractors and property owners alike in hundreds of construction disputes over the last 30 years. Cases have ranged from small contract disputes involving defective remodeling projects, to defective single family residential construction cases, to complex defect cases involving widespread defects in new housing developments, to heavy construction cases involving defects in large scale commercial buildings.

Common Themes in Disputes

The most common theme I have seen throughout all these cases is that small issues when ignored balloon into large disputes, the parties stop talking, there is a loss of trust between them, and litigation results.

Resolving Construction Disputes

In most cases, reopening communications, rationally looking at the issues, and working together to complete the project resolves the issues and allows the project to move forward.

Importance of Choosing the Right Attorney

If you find yourself with a project mired in delays, or one where your contractor has abandoned you, or is no longer responding to your communications, hiring the right attorney will save you time and money.

Philosophy on Litigation

We believe that litigation is the worst-case scenario in construction litigation and should only be pursued if the case cannot be informally resolved, and only then, if the case warrants the cost of litigation.

Client-Centric Legal Approach

In every case, our goal is to resolve our client’s issues efficiently and cost effectively, even if that means advising a client not to pursue a case. Our clients hire us not only because we know the law, but because we, unlike some attorneys, approach each case as it was for a family member or close friend, where attorneys’ fees and costs matter, and the cost of winning a case needs to be justified by the prize.

Case Study: Hillside Home in Pleasanton

A number of years ago I was hired by spouses who owned a multi-million-dollar home in the hills south of Pleasanton, California. This custom home had been built on a hillside and was slowly sliding down the hill. Our experts determined that the foundation of the house had been defectively constructed and was not holding the house in place.

Outcome of the Case

That case, like most others, should have settled as soon as the cause of the failure was identified and the cost of repair known, but the builder, and its counsel, who was being paid by the contractor’s insurance company, took the position that they were going to fight the case, regardless of the cause of the failure. As it turns out, this was largely because the contractor’s insurance company was paying the attorney. Shortly after I pointed out to the contractor, with his attorney present, that his license could be at risk if a judgment were entered against him, the case settled for the full cost of repairing the house, and all the fees and costs my client had paid.

Our Commitment to Client Interests

Sadly, not all attorneys put their client’s interest first, as was the case with the opposing counsel in that matter. We do not focus on the value of a case to us, we focus on the value of the case to our client and on achieving the most cost-efficient result possible for the client, even when we must educate the opposing party when their own attorney does not.

Invitation for Consultation

If you have or are facing a construction defect action, or you simply want to talk about what issues you are facing with a construction project, call us, the first half hour consultation is free. After that consultation, if you need our help resolving your dispute, we will work with you to meet your needs efficiently and cost effectively, even if that requires filing a lawsuit on your behalf.

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