California Contractor and Construction Disputes

California Contractor and Construction Disputes – Resolution

California contractor and construction disputes require experienced attorneys who know how to get things resolved and back on track.  The Watkins Firm has more than four decades of experience here in San Diego and throughout California helping contractors, sub-contractors, property owners and project managers to resolve construction related disputes efficiently.  Construction related disputes carry a lot of external issues in addition to a contract or payment dispute.  The relationships between the project owner and the general contractor, or the general contractor and a sub-contractor are vital to the short and long-term success of each party.  Our seasoned attorneys understand the importance of not only resolving construction related disputes but preserving underlying relationships whenever possible.

There are a multitude of reasons for California contractor and construction disputes but most come down to contract or payment related issues.  Concerns can include the quality of workmanship and materials, timeliness of the work itself or vagaries in the underlying business contracts.  We have extensive experience and a proven track record of success in resolving construction disputes, as well as contract related issues.  We understand the importance of a work schedule associated with a project or job site and the importance of resolving disputes in a timely and cost-effective manner.  Our unique approach to dispute resolution is designed to accomplish these goals efficiently.

The Watkins Firm is able to resolve the vast majority of our California contractor and construction disputes through effective, leveraged negotiation.  Our attorneys work to get to the core of the issues at hand, the underlying contract, any breach of contract or dispute regarding workmanship or quality of materials.  We thoroughly document not only the chronology of events but all associated damages, and use this information to engage opposing parties and their counsel in a productive and constructive manner. We encourage negotiations that are focused on resolution, not expanding the problem or the challenges existing between the parties.  When negotiations are unable to resolve all issues, mediation and arbitration are effective alternatives to litigating the matter in a court of law, which is too time consuming and expensive for most situations.

Dan Watkins Founding Partner of the Watkins FirmPro-Tip: “Everybody writes their contracts differently and there’s laws on every type of contract in the state of California, as far as how to interpret that. Sometimes people attempt to take a contract they’ve downloaded or from some previous experience and modify it to fit the situation at hand.  Some of the clauses may be unenforceable and even some judges may read them differently. However, it never matters really unless there’s a lot of money at stake.

we want to get the facts down and we want the evidence they have in chronological order, because that’s the best way to communicate to a third party, to anyone is in chronological order. That’s how we think. Then I want to help our clients analyze the damages. Whether you are feeling like they owe you something, they’re not complying with the agreement or vice versa. So I want something more from you than just to analyze the damages, we need to analyze what it’s going to cost to fight. And also look at the future business, whether we can salvage this relationship, all of those important things should come into play, so that we are able to give good advice. Sometimes we’ll even advise our clients how we would think about it and then let them go talk to their partner or whoever they’re dealing with on their own armed with our knowledge and our negotiation technique.

Knowing the facts, the damages, the law of the damages is key, because that gives y your lawyer the ability to predict what would happen if you went to trial tomorrow and you won, what would you win? That’s it, that’s the number. In civil court, we’re only working on dollar amounts and getting there and understanding human nature. That’s another thing, right? Preparation for my clients has to do with damages, the law and damages and the facts, getting all the facts down so that we have things to say and then informing my client. We cannot just go in there and say, here’s the right number. Here’s what I’ll settle for. I’m done talking that doesn’t work. 

The outcome is we either have a real simple resolution and the parties go their own ways, or we have a complex resolution or they agree on some kind of compensation and they agree on what to do going forward. Because they’re usually tied together almost like a marriage. And so you just can’t say it’s over because you didn’t pay me that $5,000 you owed me because there’s all these other entitlements and agreements and considerations you have to think about when moving forward.” – Dan Watkins, Founding Partner

If you are involved in San Diego or California construction or contractor disputes we invite you to review our podcast Episode 11 – Resolving Business Disputes as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.  Ask about the successful strategies we’ve employed for decades to resolve construction related disputes and get things back on the right track quickly and efficiently.