The post 5-star resort in California facing construction contract dispute first appeared on Law Offices of John R. Lobherr, Inc..
]]>The originally scheduled date to open was delayed because of wildfires in 2019. Ownership then changed hands in 2021. The Wall Street Journal reported that the transaction was valued at more than $2 million per key in the 85-room resort. This makes it one of the most highly-valued sales of its kind in history.
Subcontractors ultimately took legal action against Four Seasons Napa Valley, in San Francisco, alleging that the owners breached a contract by not fulfilling payment agreements on the construction of the resort. Several other entities have commenced litigation against the company. There are a total of six parties involved in various legal actions against the California resort.
When two or more parties sign a construction contract, they must adhere to all terms contained therein. While it is not uncommon for contract disputes to arise over unpaid balances for construction work, it is best to try to resolve such issues as soon as they arise to avoid having to go to court. Relying on an experienced construction law attorney is helpful. Such an attorney can often facilitate a solution out of court but can also be on hand, in case litigation is necessary.
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]]>The post Film company pursuing construction litigation first appeared on Law Offices of John R. Lobherr, Inc..
]]>Film company representatives say they are taking legal action to get their money back. After that, they simply want to cut ties with the contractors, so that they can reinvest their funds and find someone else to build their movie set. They also said that this situation has caused them to fall behind in their projected schedule by at least six months, something that is also a concern for California film companies.
The company that was hired to build the movie set has adamantly stated that the allegations of a breach of contract are without merit. A statement was issued saying that the contractors are confident that the agreement will be fulfilled and that the current dispute will be resolved. However, the person speaking on behalf of the film company said it no longer wishes to retain the services of the contractors, which is one reason why the company is pursuing the lawsuit.
To avoid contract disputes, it is always a good idea to include details regarding the scope of a construction project, including an estimated date of completion. Details regarding monies that will change hands and exactly what such funds are to be used for may also be incorporated into a written agreement. Any business owner in California who is currently facing contract problems may wish to consult with an attorney who has experience in construction litigation issues.
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]]>The post Strong legal support diffuses construction litigation stress first appeared on Law Offices of John R. Lobherr, Inc..
]]>An experienced contracts law attorney can carefully review your case and determine whether you have grounds to file a lawsuit. An attorney can also recommend strategies to defend yourself and protect your interests when someone has filed a lawsuit against you. Whether you are drafting a summons and complaint or answering a complaint filed against you, acting alongside experienced legal representation helps alleviate stress as you navigate the legal system.
There’s no need to try to handle a complex construction dispute on your own when you can ask an experienced attorney to do so. An attorney can gather and help prepare witnesses and can also develop a much more persuasive argument than you might be able to do without legal guidance. In fact, the opening and closing statements of an attorney are often key factors toward a courtroom victory.
The Law Offices of John R. Lobherr, in California, are dedicated to providing strong support to those who are facing construction litigation issues. By requesting a meeting, you can be confident to obtain guidance and recommendations that help ensure that you will obtain a fair and agreeable outcome. The sooner you take steps to start building a strong case, the better prepared you might be to secure a victory, especially if things get complicated in court.
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]]>The post Contract dispute raging between bus company and Teamsters first appeared on Law Offices of John R. Lobherr, Inc..
]]>A labor union spokesperson says that OCTA has caused the delay in negotiations. The Teamsters reportedly placed a contract offer on the table. OCTA negotiators are said to have left it there, without responding.
It is not uncommon for parties to disagree when negotiating contracts for workers. Often, there are one or more issues to address. In this particular case, it seems that health care and other costs are raising conflict between the two sides. An OCTA chairman stated that he believes it is unfair to the people of the community to disrupt their bus service because many rely on it to get to work and school. The chairman also said that he believes the problem is avoidable and that labor union representatives are being selfish and acting without concern for the community at large.
The contract for the bus mechanics, technicians and machinists expired in September. OCTA reps say that the offer they gave to these employees aligns with a similar contract deal made earlier this year with coach operators and other union workers. Union reps disagree, saying OCTA has acted unfairly by ignoring the union’s offer. Contract disputes can be difficult to resolve, which is why California business owners typically seek additional support from an experienced contracts attorney, especially when their own efforts to resolve a particular issue have not been successful.
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]]>The post Key elements of a solid construction contract first appeared on Law Offices of John R. Lobherr, Inc..
]]>If the terms of a construction contract are ambiguous, it opens the door for confusion and disputes. It is not enough to write that a contractor will ”build a wall,” because too much is left unsaid. How big is the wall supposed to be? What materials will be used to construct it? A detailed scope of work clause in a construction contract helps avoid legal problems that can arise if disagreements occur regarding the exact work that was to be completed.
A contract can also include the estimated time frame for a project, as well as any unique issues that are part of the plan. It is best to leave no stone unturned. The more detailed this part of a contract is, the less likely there will be disputes about how, when or what work was done or not done.
Before initiating a project, it should be made clear in writing who has authority over the project. This person’s contact information should be included in the contract. Only this person may have the authority to make binding decisions about the project. If disputes arise regarding the scope of work or other contract issues, it is best to consult with a construction law attorney if attempts to amicably resolve the issue are unsuccessful.
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]]>The post Judge rules on construction litigation regarding bid protest first appeared on Law Offices of John R. Lobherr, Inc..
]]>However, a circuit court judge has since ruled otherwise. The judge determined that the company did not miss the deadline, and therefore, the state must allow the bidding protest process to take place. The company in question has cited several reasons why the company whose bid was accepted should either be disqualified or a new bidding process should take place.
The construction company that is protesting a bid that the state of Maryland accepted for a large highway project has stated that the bid the other company submitted was based on unreasonably low and unrealistic construction costs. The company also cited the fact that the lead contractor withdrew from the project just after the shortlist was produced. Because of this, those protesting the bid have stated that the absence of a lead contractor should have disqualified the other company from the bidding process.
The multi-billion-dollar project is now on hold while construction litigation issues are ironed out. Anyone facing similar business problems in California may benefit from seeking legal counsel from an attorney who is well-versed in construction law issues. An experienced attorney is often able to facilitate discussion between parties that results in a client being able to peacefully settle a dispute out of court but can also be on hand in case litigation is necessary.
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]]>The post Drafting a strong construction contract first appeared on Law Offices of John R. Lobherr, Inc..
]]>There are several things to keep in mind when drafting a construction contract that can help prevent disputes. If an issue does arise that is difficult to resolve, it is always best to reach out for additional support, especially if the problem has caused a delay in project completion or payment.
There are several ways to bill a construction project. It is imperative that an agreement regarding pricing be incorporated into a written contract. If a contract lacks details on pricing, it is easy for problems to arise, such as clients claiming they did not know that they were responsible for costs associated with time and materials.
Stating in a contract that a bathroom is to be renovated is much too vague. Instead, disputes are less likely to arise if the exact work to be done is itemized, such as installing a new bathtub and shower, laying a new floor, etc., including a time frame for project completion. The more detailed a contract is, the easier it is to resolve disagreements that arise. It is also wise to consult with a construction law attorney if a particular issue is causing legal problems.
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]]>The post Contractors and city officials in construction litigation first appeared on Law Offices of John R. Lobherr, Inc..
]]>The scheduled project was to cost more than $23 million. One of the allegations against the contractors is that they ran over on estimated costs in excess of half a million dollars. City officials also say the contractors did not fulfill their agreement to complete work by specific deadlines.
The city maintains a website for the beachfront facility. At this time, the site states that there have been delays in the building process but the facility is scheduled to re-open in the fall. The building company has complaints of its own, including stating that city officials failed to inform them of hazards on the job site, including a known presence of asbestos.
As often happens in California cases between local officials and contractors, the parties involved in this case were hopeful that they would be able to settle their disagreement out of court. However, construction litigation ultimately became a dual course of action with the contractors filing a lawsuit and city officials filing a countersuit. The problems will now be solved under the court’s discretion.
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]]>The post 3 ways to prevent construction disputes first appeared on Law Offices of John R. Lobherr, Inc..
]]>The contract itself is no doubt one of the most important factors to consider when the goal is to avoid disputes. It is critical that anyone adding his or her signature to a contract clearly understands the terminology contained therein, as well as the implications the contract has for him or her, personally. It is better not to sign and to ask questions than to gloss over a specific issue without clearly understanding its meaning.
Most construction contracts include an estimated date of completion or, in some cases, a specific deadline. Various factors might cause delays in production, such as weather, lack of supplies or a change of scope and sequence in the building plan. Remembering that a contract is legally enforceable works as an incentive to fulfill all responsibilities regarding a project’s schedule.
In addition to carefully reviewing a contract before signing and fulfilling all obligations regarding scheduled work, a third way to prevent construction disputes is to conduct a thorough audit and review of each completed project, which enables a customer to address any concerns that are relevant to craftsmanship, agreed-upon design or other issues. If prevention measures fail and a legal dispute arises that cannot be resolved out of court, it is a good idea to consult with a construction law attorney before proceedings begin.
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]]>The post Resolve construction disputes in a timely manner first appeared on Law Offices of John R. Lobherr, Inc..
]]>A common construction dispute involves nonpayment, with the payor claiming that there are defects in the contractor’s work or that the job has not been completed according to the terms of the agreement. It is always best to try to resolve such issues directly and in a timely manner. The saying that “time is money” is central to the construction business.
The contract itself is always one of the key factors in resolving a construction dispute. A valid contract is enforceable in court. Carefully reviewing the terms often provides the most obvious solution to a construction dispute. For instance, if a client agreed to pay by a specific date for a certain type of work, and the work was completed on time in accordance with the contract, then the client is responsible for making payment on time, as well.
It is not always easy to resolve construction disputes because certain issues can be quite complex. This is why it is wise to seek additional support by asking an experienced construction law attorney to review your case before heading to court. The Law Offices of John R. Lobherr have 30 years of experience providing construction litigation support to California clients. If you’re currently struggling to resolve a particular issue, you can request a meeting to discuss your case.
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