Los Angeles Construction Law Attorneys
Legal Focus Areas
The Darvish Firm handles construction disputes and construction-related transactions throughout Los Angeles and Southern California, from single-family renovations in Beverly Hills and Santa Monica to multi-unit developments and commercial projects. Our attorneys represent owners, developers, contractors, subcontractors, and suppliers in defect claims, payment fights, and contract drafting — pairing a boutique, cost-conscious strategy with big-firm litigation capability in the Los Angeles Superior Court, including the Stanley Mosk Courthouse.
Construction Contract & Litigation:
The Darvish Firm provides a broad array of services that encompass all phases of the construction process, from construction contract formation and negotiation through claims analysis and resolution. We have represented owners, contractors, and subcontractor in matters ranging from small residential projects, large multi unit residential projects to large commercial projects throughout Southern California. We handle structural, architectural, mechanical, electrical, product liability, site planning and design, civil engineering, surveying and traffic control planning cases. We also handle personal injury and death cases during construction projects ranging from indoor air quality to industrial accidents, equipment accidents, automobile accidents, and trench accidents.
In the early stages of a project, we provide assistance with drafting, reviewing and negotiating contracts, whether standardized form contracts or more customized contracts. Our services in the contract formation area typically include advice concerning risk allocation clauses and measures that best suit the particular client’s needs. We also assists clients in troubleshooting problems that arise during a project in an effort to avoid formal claims and/or litigation.
The Attorneys at The Darvish Firm pride themselves on and have demonstrated their ability to, in many instances, resolve construction-related conflicts and building disputes to the advantage of its clients at an early stage and in a cost-effective manner.
However, we offer extensive experience and skill in litigation as well as in the alternative dispute areas of mediation and arbitration, for those instances where a negotiated resolution cannot be achieved.
The Firm Practice Includes:
- Representing Contractors or Sub-contractors in Breach of Contract and Breach of Warranty actions.
- Representing Homeowners in Breach of Contract and Breach of Warranty actions.
- Preparing and Reviewing Construction Contracts
- Preparing and Reviewing Sub-Contracts
- Reviewing Insurance Policies
- Reviewing Wrap-up Insurance Policies and providing feedback to advantages and disadvantages.
- Surety bonds
- Unfair competition
- Performance bonds
- Payment bonds
- Release bonds
- Bid bonds
- Misappropriation of customer lists / trade secrets
Los Angeles Construction Law Attorneys
Construction Defect Claims
Construction defects range from water intrusion and foundation movement to defective framing, roofing, stucco, and MEP systems. In California, defects are commonly categorized as patent (apparent on reasonable inspection) or latent (hidden), which affects the applicable limitations period. Residential defect claims may also be governed by the Right to Repair Act (SB 800, Civil Code §895 et seq.), which sets construction standards and a pre-litigation notice-and-repair process for many post-2003 homes. We evaluate the project documents, retain construction experts, and pursue the responsible parties — builder, developer, contractor, or subcontractor — while coordinating with insurers. Where a defect claim overlaps with a purchase dispute, we integrate it with real estate litigation strategy.
Mechanic's Liens & Stop Payment Notices
California gives contractors, subcontractors, and material suppliers powerful security tools to get paid. A mechanic's lien attaches to the improved property and, if unpaid, must be foreclosed by lawsuit within 90 days of recording (Civil Code §8460). Stop payment notices redirect undisbursed construction funds held by an owner or lender to the claimant. These remedies carry strict preliminary-notice and deadline requirements — a missed 20-day preliminary notice or an untimely recording can forfeit the right entirely. We help claimants perfect and enforce liens and stop notices, and help owners and lenders evaluate, bond around, or defeat improper or overstated claims under the Civil Code's lien statutes.
Payment Disputes
Unpaid invoices, retention that never gets released, and disputed final draws are among the most common construction conflicts in Los Angeles. Beyond mechanic's liens, we pursue and defend claims for breach of contract, common counts, prompt-payment penalties, and — on public and some private work — statutory penalties and attorney's fees for wrongfully withheld progress payments or retention. We assess the contract's payment terms, lien-release exchanges, and any pay-if-paid or pay-when-paid clauses, then choose the fastest leverage to resolve the dispute. Many payment fights resolve pre-suit; where they don't, we litigate through trial. See our breach of contract practice for the underlying claim mechanics.
Delay & Cost-Overrun Claims
Projects stall for many reasons — differing site conditions, design changes, owner interference, supply-chain gaps, or subcontractor failures — and the cost of delay is often disputed. We handle claims and defenses over critical-path delay, disruption, acceleration, and cost overruns, working from the contract's scheduling, notice, and change provisions. Where a contract contains a no-damages-for-delay clause or a liquidated-damages provision for late completion, we analyze its enforceability and the exceptions California courts recognize. Careful documentation — daily logs, RFIs, schedule updates, and timely written notice — usually determines who bears the cost, so we build the factual record early and press it in negotiation or litigation.
Construction Contract Drafting & Negotiation
A well-drafted construction contract is the single best defense against later disputes. We draft and negotiate owner-contractor agreements, subcontracts, design-build and AIA-based forms, allocating risk through scope definitions, payment schedules, change-order procedures, indemnity, insurance, warranty, and dispute-resolution clauses. For residential work, we confirm the contract meets California's Contractors State License Law disclosure and down-payment limits (generally the lesser of $1,000 or 10% for home-improvement contracts). Clear terms on retention, notice, and completion protect both sides. Owners entering larger deals often pair this work with our business transactions team for the surrounding entity and financing documents.
Contractor Licensing Disputes (B&P §7031)
California enforces contractor licensing harshly. Under Business & Professions Code §7031, an unlicensed contractor — or one unlicensed at any point during the work — generally cannot sue to collect any compensation, and an owner can affirmatively recover (disgorge) all amounts already paid, even if the work was performed competently. There is a narrow substantial-compliance defense, but it is difficult to meet. We pursue disgorgement for owners who hired unlicensed operators and defend contractors facing §7031 claims by examining license status, the timing of any lapse, and available defenses. Licensing status should be verified at the outset of every construction dispute because it can be dispositive.
Change-Order & Scope Disputes
Fights over what was included in the base scope — and who authorized extra work — drive a large share of construction litigation. Contractors perform added work expecting payment; owners insist the change was never approved or that the contract's written-change-order requirement was not followed. We analyze the contract's change-order and notice provisions, the parties' course of dealing, and whether an owner waived a strict writing requirement by directing or accepting the extra work. Whether we represent the party seeking payment for extras or the party resisting an inflated claim, the outcome usually turns on documentation and timely written notice, which we help clients preserve and present.
Indemnity & Insurance Coverage
Construction contracts allocate risk through indemnity and additional-insured provisions, and California limits how far that allocation can go. Civil Code §2782 restricts indemnity for a party's own active negligence and, in residential construction, curtails certain broad subcontractor indemnity and defense obligations. When a defect or injury claim hits, the questions are who owes a defense, whose insurer responds, and how loss is ultimately shared. We interpret and enforce indemnity clauses, tender claims to the right carriers, pursue additional-insured coverage, and litigate coverage and contribution disputes among owners, contractors, subcontractors, and insurers so our clients are not left holding an unfair share of the loss.
Contractor Liability on Flipped & Renovated Homes
When a recently flipped or renovated home reveals serious problems, liability can reach the contractor who did the work, the flipper/seller who sold it, and sometimes the agents involved. A buyer may have claims for construction defects, negligence, and — against the seller — nondisclosure of known material conditions, while the flipper may in turn seek recovery from the contractor. We untangle these overlapping claims and pursue the parties actually responsible. For a deeper explanation of how liability attaches to renovation work on a flip, see our article on contractor liability on a flip.
Who We Represent
We represent every participant in a construction project, on both the claimant and defense sides of a dispute.
- check_circleProperty Owners & Developers — We help owners and developers negotiate solid contracts, control change orders and delay, pursue defective or unlicensed contractors, and defend against overstated liens and payment claims across Los Angeles projects.
- check_circleGeneral Contractors — We defend and prosecute payment, delay, and defect claims for GCs, enforce subcontracts and lien rights, and manage indemnity and insurance tenders so contractors are paid and fairly protected.
- check_circleSubcontractors — We help subcontractors perfect and enforce mechanic's liens and stop payment notices, recover unpaid work and retention, and resist improper backcharges and delay claims from above.
- check_circleSuppliers & Material Providers — We help material and equipment suppliers preserve preliminary-notice and lien rights, collect on unpaid deliveries, and enforce credit agreements and personal guarantees to get paid.
- check_circleHomeowners — We represent homeowners against contractors and sellers over defective work, abandoned projects, unlicensed operators, and defects discovered after buying a renovated or flipped home.
Serving Los Angeles & Southern California
From our office on Wilshire Boulevard, The Darvish Firm represents clients throughout Los Angeles County — including Beverly Hills, Santa Monica, Century City, Westwood, Culver City, Pasadena, Glendale, Burbank, and Long Beach — and across Orange, Ventura, Riverside, and San Bernardino Counties. We appear in the Stanley Mosk Courthouse and Los Angeles Superior Court locations countywide.
Request a consultation or call (310) 677-3512.
Los Angeles Construction Law Attorneys — Frequently Asked Questions
What construction disputes does the firm handle?
Defect and workmanship claims, payment disputes, mechanic's liens and stop notices, project delays and cost overruns, contract terminations, and licensing-related issues — on both residential and commercial projects.
How does a mechanic's lien work in California?
A mechanic's lien lets contractors, subs, and suppliers secure unpaid amounts against the property they improved. The process is strict: preliminary notices, recording deadlines, and a lawsuit to foreclose the lien must each happen on time, or lien rights can be lost. Counsel early in a payment dispute protects those rights.
I bought a newly renovated home and found serious defects — who is responsible?
Potentially the seller, the contractor, or both, depending on what was disclosed and how the work was performed. Our article on contractor liability on flipped homes covers the key issues in these cases.
Should a lawyer review my construction contract before I sign?
On any significant project, yes. Scope, change-order, delay, indemnity, and dispute-resolution clauses decide most construction fights before they start. A focused review up front is a fraction of the cost of litigating an ambiguous contract later.
How long do I have to sue for construction defects in California?
It depends on whether the defect is patent (apparent on reasonable inspection) or latent (hidden). California's statute of repose (Code of Civil Procedure §337.15) generally allows up to 10 years from substantial completion to bring a latent-defect claim, while patent-defect claims must generally be brought within 4 years (CCP §337.1). Shorter contract and negligence limitations periods may also apply, and residential claims can be governed by the Right to Repair Act's own timelines. Because these deadlines overlap and are easy to miss, you should have a claim evaluated promptly.
What happens if my contractor was unlicensed?
California treats unlicensed contracting seriously. Under Business & Professions Code §7031, a contractor who was unlicensed at any point during the project generally cannot recover any compensation for the work — and you, as the owner, may be able to recover (disgorge) everything you already paid, even if the work was done well. A narrow substantial-compliance exception exists but is hard to satisfy. Verifying the contractor's CSLB license status is one of the first things we check, because it can decide the case.
Who is liable for construction defects — the contractor, the developer, or the seller?
Often more than one party. The contractor and subcontractors who performed defective work can be liable in negligence and breach of contract; a developer or builder-vendor can face defect and Right to Repair Act claims; and a seller — including a flipper — can be liable for failing to disclose known material defects. Responsibility depends on who did the work, what was promised, and what was disclosed. We identify every potentially responsible party and pursue them together, which also protects your rights if one becomes insolvent.
What is a stop payment notice?
A stop payment notice is a California payment-security remedy that lets a contractor, subcontractor, or supplier who hasn't been paid intercept construction funds still held by the property owner or the construction lender. Once a proper notice is served, those undisbursed funds are frozen for the claimant's benefit, giving real leverage separate from a mechanic's lien. Like liens, stop notices have strict preliminary-notice and timing requirements under the Civil Code, so acting quickly matters. We help claimants serve and enforce stop notices and help owners and lenders respond to them.
Have a question about your situation? Call (310) 677-3512 or request a consultation.