January 2023 - Alves Radcliffe

What Kind of Cases Does a Litigation Lawyer Handle?

As opposed to a construction attorney who addresses legal issues that pertain to a specific industry, a business litigation lawyer handles cases that involve business issues across a wide variety of industries. For example, a business litigation lawyer can negotiate a settlement one week that concerns a trademark violation for an independent restaurant, and the next week, represent a large corporation operating in the manufacturing sector that wants to sue over a breach of contract.

Litigation refers to the process of filing a civil lawsuit that seeks monetary damages. Filing a compelling civil lawsuit requires a business litigation attorney to gather and organize physical evidence, as well as obtain the statements offered by witnesses that provide legal support for the physical evidence collected. Not all cases involve the trial phase of the litigation process. In fact, a majority of the cases handled by a business litigation lawyer end up reaching a settlement that is agreeable to both parties.

What Are The Most Common Types of Business Litigation Cases Handled by an Attorney?

Business litigation can involve one of several types of legal issues. As attorneys specializing in business and commercial law, the following legal issues represent the most common types of business litigation handled by a California-licensed attorney.

Business Partner Disputes

From a disagreement over control between two small business partners to a dispute involving two or more shareholders of a corporation, business partner disputes cover a wide variety of legal issues. Issues such as mishandled finances, illegal business activities, and arguments about how to manage a company can find their way onto a California judicial docket.

Resolution of business partner disputes can occur inside a civil courtroom or in the office of a properly credentialed arbitrator or mediator. Business partner disputes also can be resolved through negotiations.

Breach of Contract

Business contracts form the relationship established by two parties. A business contract can include defining an employer-employee relationship as well as describing the business relationship between a company and a vendor. The status of a business contract depends on both parties fulfilling their respective legal obligations. Any violation of a business contract can lead to litigation that can involve arguments presented by both parties in front of a judge overseeing a trial.

Breach of contract is a common type of lawsuit that seeks monetary damages for construction contractors.

Why Should I Hire a Business Litigation Lawyer?

A California business litigation lawyer provides several types of legal support, including taking legal action before the expiration of the statute of limitations. An attorney also identifies every legal claim you can submit, as well as anticipates potential counterclaims presented by the other party involved in a business dispute. Your lawyer gathers and organizes physical evidence and interviews witnesses that provide legal support for your case. Managing the discovery phase of the litigation process represents a key responsibility carried out by an experienced business litigation attorney as well.

Alves Radcliffe, LLP — Business Litigation Attorney

If you need assistance with business litigation, call Alves Radcliffe, LLP at 916-333-3375 or send us an email. We have over 25 years of combined experience, and serve clients throughout Greater Sacramento, Northern California, and the San Francisco Bay Area.

What Are The Main Causes of Disputes in Construction?

Construction sites located in the Bay Area and Central California bustle with activity from the break of dawn to before the sun sets to end the workday. The dedicated professionals hired for residential construction projects work hard to keep the projects on track to finish on time and within the budget agreed to by both the general contractor and the residential property owner. Because of the detailed planning required to complete a residential construction project, issues can arise that if not addressed immediately, and can lead to the client or the general contractor taking legal action.

Taking legal action presents many negative outcomes for both parties, which include temporarily stopping or permanently ending a project. An experienced construction attorney helps residential property owners prevent one or more legal issues from disrupting a project. Construction disputes are common occurrences, which leads to the question, what are the main causes of disputes in the construction industry?

Design and Planning Errors

As a residential property owner, you spent time hearing the design plans of the team of professionals working for the general contractor. You received every important piece of information that allowed you to approve the start of your residential construction project. Whether you signed a contract for a minor home renovation or the construction of a new property, you expected the design plan to be implemented without a hitch.

However, changes and variations in the original design plan are common, which can put residential property owners at odds with the general contractor in charge of a construction project. Design and planning errors typically develop early in a project when one or more issues cause the general contractor to change the original design plan. If you experience design and planning errors, a construction attorney can help resolve your real estate dispute.

Delays by a Contractor

Every phase of a residential construction project is extremely time-sensitive. Just a couple of short delays can lead to a major disruption in the completion of a residential construction project. Construction delays are a common element in planning a project, from factoring in inclement weather to a supply chain breakdown for vital materials.

One or more construction project delays can cost residential property owners a considerable amount of time and money, which can prompt the initiation of legal action. An attorney can help you interpret the legal consequences of this type of construction law violation.

Late or Inadequate Reviews by Engineers

Construction engineers play an important role in determining the status of a residential construction project. When a team of engineers delivers a late review or a review that lacks adequate information, a residential construction project can get bogged down in a wide variety of errors. Although one or more mistakes made by a team of engineers can provide a residential property owner with a valid reason to take legal action, working with an experienced construction attorney can help the client avoid the costly and time-consuming litigation process.

Alves Radcliffe, LLP — Construction Attorney

If you have a construction related dispute, call Alves Radcliffe, LLP at 916-333-3375 or send us an email. We have over 25 years of combined experience, and serve clients throughout Greater Sacramento, Northern California, and the San Francisco Bay Area.

3 Common Causes of Construction Lawsuits

An experienced construction attorney licensed to practice law in California provides several types of legal support for clients. For example, construction attorneys conduct exhaustive investigations to uncover evidence and determine the cause of a legal dispute. The best construction lawyers know how to address the three most common causes of construction lawsuits.

Negligence

When a construction industry professional faces claims of failure to complete their obligations listed in a contract, the construction industry professional can face a civil lawsuit that seeks monetary damages for what is referred to as professional negligence. Here are three common sources of professional negligence committed in the construction industry.

General and Special Contractors

The most common type of professional negligence in the construction industry concerns a general or special contractor failing to meet the stipulations listed in a construction contract. Professional negligence committed by a general or special contractor often involves one or more defects in the design and/or construction phase of a project.

Architects and Engineers

If an architect designs or approves the design of a structure that does not meet local building codes, safety regulations, and/or another type of requirement, the architect can be held legally liable for committing an act of professional negligence. Engineers also can face legal consequences for creating or approving inferior designs.

Suppliers

Suppliers owe customers a duty of care to deliver safe materials that meet the quality standards listed in a construction contract. Another legal obligation suppliers must meet is to deliver supplies by the dates listed in a construction contract. If a defect develops during a construction project and the general contractor can trace fault for the defect back to inferior materials, the supplier responsible for delivering the inferior materials can be held legally liable for professional negligence.

Payment Dispute

Payment disputes are about as common as cases of professional negligence. The disputes typically arise out of the terms written into a construction contract. Property owners assume responsibility for making payments on time, and if a property owner falls behind on one or more payments, the general contractor overseeing the project can request that a mechanic’s lien be placed on the owner’s property.

The two most common reasons for a payment dispute to develop involve project delays and ambiguously worded construction contracts. You also might have to deal with a payment dispute that results from the scope of the work required of the general contractor and the team of special contractors.

A payment dispute can trigger a domino effect, in which a withheld payment to the general contractors trickles down to every other partner working on a construction project.

Project Delay

Property owners expect their projects to follow the timelines written into construction contracts. Unfortunately, many factors can force the delay of a construction project. One of the biggest problems facing general contractors in 2022 concerns supply chain disruptions. Other factors that delay construction projects include bad weather and an acute labor shortage.

Project delays typically receive four types of classifications: Excusable, inexcusable, compensable, and non-compensable. Your construction attorney reviews your case to determine which classification a project delay falls under.