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San Diego Construction Law Attorneys
The laws and regulations affecting construction businesses are as numerous and complex as the laws affecting any other trade. The unique laws of licensing, mechanic's liens, contract interpretation/enforcement, delay claims, defect allegations, and insurance coverage are not always well understood by even the most experienced veterans within the construction industry. The fast pace of construction dictates that when an issue arises on a project, it is given immediate attention. Whether assisting the client with licensing issues, contract drafting, contract review, on-the-job disputes, or litigation, the firm’s construction attorneys have the knowledge and experience to aggressively pursue favorable outcomes.
The firm’s clients include contractors, materials suppliers, equipment companies, architects, engineers and other businesses that interact with the construction industry. Our experience enables us to effectively consult with clients regarding various goals that might be achieved in any situation. With substantial construction litigation experience, we are prepared to handle lawsuits and arbitrations from inception through trial. We pride ourselves on our efficiency, whether we are asked to become involved on one small issue or to pursue aggressive, “scorched earth” litigation efforts.
Construction Collections
David Barnier leads the firm’s construction collection practice. Mr. Barnier regularly presents seminars to large groups regarding mechanic’s liens, stop notices, bond claims, and the contracts, purchase orders, delivery tickets, and invoices that underlie all rights to payment. Mr. Barnier’s trademark “Top Ten Misconceptions About Mechanic’s Liens” seminar has been well received by various southern California construction groups. During the summer of 2003, the San Diego Daily Transcript sponsored a series of construction lectures that were presented entirely by Mr. Barnier and firm founder Douglas Barker.
Mr. Barnier also consults with individual businesses on their collection practices, including contract language, the timing of invoices and demands for payment, and simple means of ensuring that mechanic’s lien, stop notice, and payment bond rights are preserved. Ideally, a client of the firm learns to perfect its own in-house collection strategies such that there is no need to retain an attorney to pursue collection.
For instances in which an attorney is necessary to pursue collection, Mr. Barnier is well-versed in making demands for payment and communicating with the parties that owe money to the client, to advise the client on its rights, and to pursue litigation. At all stages, the “bottom line” result is emphasized unless the client directs otherwise. When necessary, litigation is pursued aggressively but with the client remaining apprised of events as they occur and, perhaps more importantly, the events that the client can expect to occur in both the immediate and more distant future.
Construction Contract Litigation
Often, in the Construction industry, disputes arise as to contract interpretation. Whenever possible Barker Law Group attorneys attempt to find quick, practical solutions that allow construction to continue. However when a accommodations can not be reached Barker Law Group litigators support and advance the rights of their construction clients through the litigation process.
Construction Defect
The firm’s attorneys have a long history of defending contractors and other companies within the construction industry on construction defect claims. This experience has come in both the insurance context and in situations in which insurance not available. The firm’s attorneys also have substantial experience enforcing their client’s rights to insurance coverage for construction-related claims.
Other Services
Legal issues within the construction industry are not limited to contracts, collections, performance, and defect allegations. The firm assists clients with licensing issues, bonding issues, and other issues that might arise. For issues unrelated to construction, our firm’s general experience prepares us to handle just about any issue that might arise for an individual or business. If a client has an issue that is outside of our expertise, we will be forthright in acknowledging this and will assist in locating the right attorney for the client.
Construction Law Client Alert
March 2004
Comprehensive General Insurance Scam Alert
The State of California's Department of Insurance warns that any construction companies have purchased comprehensive general insurance from Terry Lowell Ballard to contact the department before May 11, 2004.
Seminar Reference Materials
The firm regularly presents seminars and interactive workshops to the construction industry in Southern California. Listed below are several handouts offering information on legal issues affecting your business. Please do not hesitate to contact referenced attorneys to learn more about the materials presented.
Articles
CONSTRUCTION COLLECTIONS
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"Unlicensed contractors: The law versus the unfortunate reality" published August 2005 in The Daily Transcript By David J. Barnier
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DJB_DailyTrans_7-28-05.pdf |
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Construction Law Update: Legislature May Modify Mechanic’s Liens
The California legislature is considering a bill, Senate Bill 1691 that would dramatically impact subcontractors and suppliers. The impact would require these potential mechanic's lien claimants to take more care and to monitor events at the jobsite more closely than is currently required. There would also be changes to the current laws that would swing the pendulum closer to owners. Click here for the full story: Construction Law Update
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"Blanket Liens Against Condominium Complexes and Their Effect on Individual Condo Owners" By David J. Barnier
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CondoLiens_Barnier.pdf |
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“Legislature Doubles Labor Code Fine for Contracting with Unlicensed Contractor,” by Christopher W. Olmsted (140 KB)
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contracting_fine.pdf |
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Mechanic’s Lien Refresher Course
There are strict rules for contractors seeking to secure their payment rights—see if you know your deadlines. By David Barnier.
Mechanic's Lien Article (see page 7)
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ON CONSTRUCTION LAW COLUMN
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The Daily Transcript On Construction Law Column The World of Construction Defect Claims in Transition by Douglas H. Barker (108 KB)
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Daily_Transcript.pdf |
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