Construction Defect

At Braun Gosling we bring extensive experience to owners, architects, engineers, contractors, subcontractors and suppliers involved in public and private works of improvement. we have protected the rights of clients throughout California for more than 40 years. We work hard to develop long-term relationships, listening carefully to your questions and concerns, and helping you make decisions that protect your interests.

Whether you are an owner dealing with mechanic’s liens filed against your property, or a contractor, subcontractor or supplier seeking to be paid for work performed on real property, I will help you take the necessary steps to protect your interests.

We’ll help you deal with a broad range of remedies that are available on construction projects, including:

Mechanic’s liens

A mechanic’s lien (available only on private works of improvement) is a statutory lien against the real property on which work is performed. This lien is used to secure payment to contractors, subcontractors and suppliers who perform work or provide materials or equipment to a work of improvement on real property. If you need to pursue this remedy, we will help you prepare and file and record all required documents in a timely manner so that your lien is perfected. We will also help you seek recovery under the lien itself.

Bond claims

On virtually all public construction projects, the general contractor is required to post a bond for the benefit of the subcontractors and suppliers on the project in the event the contractor/subcontractor fails to pay them for labor and materials provided to the work of improvement. We will help you confirm that the proper bond has been obtained and will help you seek recovery under the bond, if required.

Stop Notices

One of the remedies available to subcontractors and suppliers on a construction project is a Stop Notice. The Stop Notice is a statutory notice provided to an owner and/or construction lender that instructs that individual to withhold payment due the contractor on the project in the amount due the subcontractor or supplier. In some instances, the Stop Notice must be accompanied by a bond in order to compel compliance by the owner or construction lender.

Lawsuits alleging breach of contract, negligence and construction defects

We can also act as your counsel in civil actions based on claims of breach of contract, negligence and construction defect.

Owner Remedies

If you are an owner involved in a dispute with your contractor, or are faced with mechanic’s liens or stop notices, I can help you formulate possible strategies to keep your project on track.

Contractor Remedies

If you are the general contractor on a public or private work of improvement and are involved in a dispute with the owner, a subcontractor or a supplier, you may need help. And, if you are facing a claim against your payment bond, you will want to discuss your options for the proper handling of that claim.