The construction process is detailed.

Whether it’s getting a successful design, preparing construction contracts (or subcontracts), obtaining necessary permits, working with subcontractors, dealing with suppliers, sequencing trades, coordinating with  a contractor or owner, handling extras, getting paid, or dealing with incorrect or incomplete work, the logistical considerations involved in a successful construction project can be daunting. A skillfully drafted construction contract can help avoid problems.  If problems show up, a skillful litigation attorney can be invaluable if they aren’t resolved informally.

Limited resources (i.e. time and money) can add to a construction project’s complexity. A successful builder or contractor pays careful attention to the logistical details of a project.  If a contractor loses track of these items or becomes overwhelmed, problems can quickly arise.

Legal counsel helps things run smoothly, both by negotiating and preparing the necessary contract documentation before construction begins, and by addressing incomplete or defective construction after the job is underway or completed. Prudent owners and contractors don’t wait until a problem worsens – they seek legal counsel as soon as problems show up so that the necessary issues can be addressed quickly before they grow larger and more expensive.


The Law Office of Robert B. Jacobs handles construction disputes.

From preparation of construction contracts before construction begins, to filing suit for foreclosure of mechanic’s liens after completion, the Law Office of Robert B. Jacobs works with owners, general and subcontractors on all issues involved in the construction process.

We are experienced with such issues as:

  • Contract negotiation and preparation
  • Progress payments
  • Construction sequencing
  • Incomplete or imperfect work by subcontractors
  • Change order disputes
  • Retentions
  • Allowances
  • Punchlists
  • Refusals to pay
  • Nonperformance
  • Expungement of liens and related issues


CONSTRUCTION EXPERIENCE

Following is a summary of representative construction matters successfully handled by Robert B. Jacobs:


Transactions

  • Drafting of a construction contract for use by a general contractor
  • Reviewing of and counseling about many construction contracts and subcontracts  
  • Drafting of, reviewing of, and advising on language for change orders
  • Review of and counseling on recorded mechanic’s liens
  • Preparation of construction management agreement in connection with services to be provided by construction manager


Litigation

  • Successfully tried to judgment a mechanic’s lien action on a retrofit to a petroleum filling station.  The trial lasted five weeks and resulted in a complete victory for the contractor performing the work.
  • Successfully tried to binding arbitration a suit for unpaid construction work following construction of a restaurant.
  • Tried to binding arbitration a suit by a general contractor for substantial work done on a public housing project.  (Case settled during binding arbitration).
  • Successfully tried to judgment a case for defective grading on a residential property with steep property access.
  • Defense of several subcontractors in multiple suits for construction defect on claims for such things as defective grading
  • Defended a general contractor through jury trial and verdict a claim by a subcontractor for nonpayment
  • Successful expungement of a mechanic’s lien following hearing
  • Successful defense at through trial of drilling contractor on damage to industrial subsurface pipes
  • Successfully tried a partition case to judgment in an action on a project built by two families on a speculative basis
  • Many successful demands for payment on construction work performed
  • Successful defense of real estate developer/builder in many cases involving claims of nonpayment and defective construction
  • Defense through bench trial and judgment of general contractor involving claims by a landscape subcontractor for nonpayment.
  • Prosecution and defense, until settlement, of many claims by and against builders, developers, contractors and subcontractors for nonpayment, delay damages and/or defective construction