Construction Litigation in California: Navigating Disputes on Projects Big and Small

California’s construction industry is a powerhouse—driving growth and opportunity across the state. But the sheer size and complexity of many projects means disputes are almost inevitable. Whether you’re a property owner, developer, contractor, or subcontractor, construction litigation can be disruptive and expensive. At California Trial Law Group, PC, we help clients resolve construction disputes efficiently, ensuring their projects and investments stay protected.

What Is Construction Litigation?

Construction litigation covers a broad range of legal conflicts that arise during the planning, execution, or completion of a construction project. These disputes can be as simple as a disagreement over a bill or as complex as multimillion-dollar claims involving structural defects or contractual breaches.

Common parties in construction litigation include:

• Property owners
• Developers
• General contractors and subcontractors
• Architects and engineers
• Suppliers and manufacturers
• Homeowners’ associations

Common Causes of Construction Disputes in California

1. Contract Disputes

Contracts are the backbone of any construction project. Disputes often arise over unclear contract terms, missed deadlines, changes in scope, payment schedules, or performance standards.

2. Construction Defects

Defects can range from minor aesthetic problems to major structural issues. Common claims involve:

• Poor workmanship
• Use of substandard materials
• Water intrusion and mold
• Faulty foundations, plumbing, or electrical work
• Roofing or window failures

Defect claims may result in lawsuits seeking repairs, compensation, or even complete reconstruction.

3. Project Delays

Delays can disrupt schedules, increase costs, and lead to claims for damages. Delays may be caused by weather, labor shortages, material supply issues, design changes, or regulatory approvals.

4. Payment Disputes

Contractors and suppliers may file mechanic’s liens if they’re not paid on time. Owners may dispute payment if work is incomplete or unsatisfactory.

5. Change Orders and Extras

Changes in the scope of work during a project often lead to disagreements over additional costs or responsibilities.

6. Licensing and Code Violations

Unlicensed contractors or work that fails to meet building codes can trigger serious legal consequences.

How Construction Litigation Works

Every construction dispute is unique, but most cases follow these steps:

1. Investigation and Case Assessment
   • Reviewing contracts, correspondence, plans, and site reports
   • Assessing the quality of workmanship and compliance with codes
2. Demand Letters and Negotiation
   • Many disputes are resolved with a strongly worded letter or negotiation before a lawsuit is filed
3. Filing a Lawsuit or Arbitration
   • If informal resolution fails, litigation or arbitration may be necessary
4. Discovery Phase
   • Both sides exchange evidence, interview witnesses, and engage experts (engineers, inspectors, etc.)
5. Mediation
   • California courts often require parties to try mediation—a collaborative process to reach a settlement
6. Trial or Arbitration Hearing
   • If no agreement is reached, the dispute proceeds to court or binding arbitration for a decision

Alternative Dispute Resolution in Construction Cases

Construction contracts often require arbitration or mediation instead of traditional court litigation. These alternatives are usually faster and less public than going to trial and can save substantial costs.

• Mediation is non-binding and focuses on helping parties find common ground.
• Arbitration is binding—an arbitrator makes a decision after hearing both sides, much like a judge.

California Trial Law Group, PC can help you choose and navigate the best dispute resolution method for your situation.

Protecting Your Interests in Construction Litigation

Construction litigation often involves complex technical evidence and multiple parties. At California Trial Law Group, PC, our attorneys:

• Work with respected experts to investigate and document construction problems
• Analyze contracts and project documents for strengths and weaknesses in your case
• Develop clear strategies, whether you’re a property owner, contractor, or other stakeholder
• Aggressively negotiate for favorable settlements, but are always prepared to go to court if needed

Frequently Asked Questions

How long do I have to file a construction litigation claim in California?
Deadlines vary based on the type of claim, but many construction defect claims must be filed within 4–10 years of substantial project completion. It’s best to consult an attorney as soon as an issue arises.

Can I recover attorney’s fees?
Many construction contracts include clauses allowing the prevailing party to recover legal fees. California law also allows fee recovery in some circumstances.

What if the dispute involves public property or government contracts?
Special rules and deadlines apply for claims involving government entities. Act quickly to preserve your rights.

Is going to court always necessary?
Not always. Many construction disputes are resolved through negotiation, mediation, or arbitration, saving time and money.

Why Choose California Trial Law Group, PC for Construction Litigation?

Our firm understands the technical and legal complexities of construction disputes in California. We offer:

• In-depth knowledge of construction law and industry standards
• Experience with both small and large-scale projects
• Effective negotiation, mediation, arbitration, and trial representation
• Personalized attention and transparent communication at every stage

Contact California Trial Law Group, PC Today

If you are facing a construction dispute—whether it’s a residential renovation gone wrong or a commercial project delayed by defects—California Trial Law Group, PC can help. Contact us today for a consultation. Our team will review your case, explain your options, and fight to protect your investment and reputation.