Find Lawyers in San Diego, California for Litigation - Construction
For over twenty years, Mr. Gibson has represented numerous types of clients, small and large, local and international, in all types of commercial disputes. Mr. Gibson’s direct approach as a business litigator and advisor has delivered successful results in commercial, construction and real estate disputes. His balanced practice includes representation of local, national and international companies, as well as individuals. Previously, he co-chaired the San Diego County Bar Association&rs...
Lance’s practice is focused on complex commercial litigation, with an emphasis on real estate cases. In addition to real estate, Lance represents parties in cases regarding securities, professional liability and other complex business disputes. Lance regularly represents clients in multi-million dollar disputes. While in law school, Lance received the Robert R. Kane scholarship, published three articles for the Washington and Lee Law Review, and was the Executive Editor of the Law Revie...
Litigation - Construction Definition
Construction lawsuits include a variety of claims, although most are grounded in breach of contract, negligence, and/or professional negligence. Construction litigation attorneys typically prosecute or defend claims for:
- professional negligence of design professionals (both architects and engineers)
- claims for defective workmanship (contractors and subcontractors)
- claims for defective products (material suppliers)
- claims for delay (caused by the owner, the owner’s representative(s), the contractor, and/or a subcontractor)
- payment claims (both claims for payment of sums promised in the construction contract and claims for the payment of additional sums due to changes in the scope of the work)
- the enforcement of mechanic’s liens (contractors, subcontractors, and material suppliers)
- claims made against payment bonds issued by surety companies to assure the payment of sums due subcontractors and others
- claims made against performance bonds issued by surety companies to assure completion of the work
Construction claims are litigated in a variety of forums and can be litigated in federal and state courts. Additionally, federal and state courts of claim or claims commissions may have exclusive jurisdiction over government projects. Arbitration is often the required forum for private projects because construction contracts typically require mandatory arbitration, administered by a recognized provider such as the American Arbitration Association, pursuant to specific rules promulgated by the arbitration service provider. Many construction contracts also require some form of mandatory mediation as an express precondition to the institution of litigation or arbitration.
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