Construction projects bring together owners, contractors, subcontractors, suppliers, and lenders, each with money and deadlines on the line. When payment stalls, work is disputed, or a defect surfaces after completion, the outcome often depends on what the contract says and how quickly you act.
Kron & Card LLP represents clients in construction matters of all types and sizes. We litigate construction disputes, and we also help clients avoid them by building sound business practices and drafting and negotiating contracts that allocate risk clearly.
We work with the businesses that build, and the owners they build for, at every stage of a project.
Commercial and residential owners facing defective work, delays, cost overruns, liens recorded against their property, or disputes with the contractors they hired.
Contractors pursuing unpaid contract balances and change orders, defending defect and delay claims, and managing risk across their owner contracts and subcontracts.
Trades and material suppliers protecting their right to payment through mechanics liens, stop payment notices, and bond claims, and negotiating fair subcontract terms.
Our construction practice covers disputes and counseling across residential and commercial projects, including:
Claims involving defective workmanship, materials, or design, from pre-litigation procedures through expert-driven litigation.
Recording, enforcing, and foreclosing liens for unpaid work, and challenging or releasing improper liens against your property.
Pursuing and defending claims on payment and performance bonds, and recovering unpaid contract balances and retention.
Disagreements over scope, extra work, pricing, backcharges, and termination for default or convenience.
Claims for delay, disruption, and acceleration costs, and defense of liquidated damages assessments.
Tendering and defending indemnity and additional-insured claims among owners, contractors, and subcontractors.
Enforcing and defending express and implied warranties on completed work and installed materials.
Construction-related disputes involving community associations, common areas, and developers.
Land use issues affecting a project, and property loss claims arising from construction activity.
Contractors State License Board licensing applications, renewals, bond and workers’ compensation requirements, disciplinary complaints and citations, and the payment consequences of contracting without a valid license.
A valid CSLB license affects far more than whether a contractor can legally bid a job — it affects whether the contractor can get paid at all. California courts have consistently held that a contractor who was unlicensed, or whose license lapsed, at any time while performing work generally cannot maintain an action to recover compensation for that work, regardless of the quality of the work performed. We advise contractors on license applications, renewals, qualifying individual and RMO/RME requirements, bonding and workers’ compensation compliance, and on responding to CSLB disciplinary complaints, citations, and license suspensions.
We also advise property owners and general contractors on confirming a contractor’s or subcontractor’s license status before a project starts, and on the remedies available — including disgorgement of amounts already paid — when work was performed by someone who was unlicensed or improperly licensed.
The deadlines are short and depend on your role and whether the owner recorded a notice of completion or cessation. Generally, a lien must be recorded within 90 days after the work of improvement is completed, and that window shrinks to 60 days for a direct contractor, or 30 days for other claimants, after a notice of completion is recorded. Most subcontractors and suppliers must also have served a preliminary notice, generally within 20 days of first furnishing labor or materials. Missing a step can forfeit lien rights entirely, so it is worth calling early.
A lien claimant generally must file suit to foreclose within 90 days after recording the lien. If they do not, or if the lien is invalid, excessive, or the claimant never had lien rights, there are procedures to have it released from title. Options also include recording a lien release bond so a sale or refinance can proceed while the dispute is resolved.
In California, a contractor who was not properly licensed while performing work generally cannot sue to recover payment for that work, and in some cases an owner can seek return of amounts already paid. Licensing issues can decide a case, so we review them at the outset for owners and contractors alike.
Yes, particularly the payment, indemnity, insurance, and dispute resolution provisions. Terms like broad indemnity obligations, flow-down clauses, and waivers of claims can shift significant risk onto a subcontractor. A short review before signing costs far less than litigating those terms later.
This page provides general information, not legal advice for any particular situation. Deadlines and requirements vary with the facts of each project. Contact us to discuss your circumstances.
