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Looking for a lawyer that specializes in Construction Law and works on a contingency basis in California

Santa Ana, CA |

Defective asphalt from local supplier, material is failing after we lay it down on various job sites. There is not enough binder being put into the material, and it is falling apart. We have to go back out to the site and make repairs or seal coat the entire project. The supplier is telling us that we are not laying the material down properly. They will not stand behind the material that they are selling to us, and when it fails it is put back on us. We must make the repairs on our own dime..

Attorney Answers 4


  1. You can use the Find A Lawyer tab do search for the specialist you are looking for. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  2. You say that there is not enough "binder" being put into the material. How do you know? What is your proof? The supplier says it is an issue with placement. What is their proof? What has is cost you to fix the problem? What costs do you expect to incur in the future? As a construction attorney, these are questions that I would want a better handle on before I took the case, whether on a contingency or otherwise.


  3. When you find a lawyer who might want to take your case on a contingency, you should know that your case might be limited by the contract with the supplier.

    In order for the lawyer to determine if the case is a proper contingency case, you and the lawyer will have to develop a determination of the source of funding for any damages award you might be able to obtain.

    It may be, if the facts are present, that this is a proper negligence claim against the supplier.

    It may also be, a claim limited by your contract with the supplier and whether there is attorney's fee claim language in the contract.

    Like you, lawyers have overhead too. They will not take a case without a potential for recovery. That is the factual issue you will need to answer, in order for you to provide the lawyer proper information for the contingency decision.

    Good luck.

    DISCLAIMER—This answer is for informational purposes only under the AVVO or LinkedIn systems and their respective terms and conditions. It discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship.


  4. These attorneys have given you excellant answers and their questions (all of them have to be asked and answered) you may call me for an appontment at 213-819-1171. This is not as much a construction case as a battle between experts on the material in question being right for the job and the reasonable costs for repair. I would expect an Attorney, like myself, to ask for 40% and it would be helpful if you knew others with same problems. In the meantime, you might stop using what ever is left.

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.