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What would you suggest?

Asked over 2 years ago - Sylmar, CA

Lawsuits

I'm a contractor and was in two disputes at one time, long story short I had to end up obtaining an attorney and before before both cases ended up dismissed with prejudice with both opposing sides basically walking away at the mandatory mediation... but not before spending (wasting) 'many' thousands of dollars, I'm sure this happens all the time.

Are there any contractors defense books that can help informing a contractor how to stay out of disputes or how to end a dispute before it goes too far.

I'm reading California Construction law Sixteenth Edition (Gibbs/Hunt) which is great, but I would like something more for the small Home Improvement Contractor, are there any good books that you can recommend that small contractors could use for disputes between a 3-4 H.I. C. biz and the H.O.

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Attorney answers (2)

Matthew Edward Williamson

Reputation Level 15

Answered over 2 years ago. Bankruptcy Attorney in Monterey, CA.

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As in almost all businesses...it boils down to three things (as I tell my long term personal clients) - in order - I know this isn't the answer you were looking for, but it is the answer to the exact same question many of my clients ask me:

1) Choice of who you take on as a client/customer (I turn down significantly more cases than I take) - my best clients turn down more customers than they take (if they are a service business, such as a contractor) - YES, even in this market (especially in this current financial market)

2) Doing the best through UPOD (under promise, over deliver)

3) Pruning the tree cleanly (getting rid of people in a positive way if it looks like there is going to be a problem - I'd rather refund and help them find the right person, than continue with someone that will be dissatisfied).

Knowing the law will not prevent the disputes, but will help you prevail - the above 3 things help a person stay out of disputes and ending them before it goes too far.

Maybe another attorney knows of a good book for you, I've actually been retained to look for one in the distant past and never found it -

Good luck with your future.

Matthew Williamson

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Pamela Koslyn

Reputation Level 20

Answered over 2 years ago. Business Attorney in Los Angeles, CA.

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On addition to Attorney Williamson's good business advice, I'd suggest sticking close to the CSLB's recommendations for forming contracts and change orders, and for getting conditional and unconditional lien releases from your subs. Having too much in writing is better than not having enough - no homeowner will ever fault you for worrying too much about making sure everyone is clear about what's being agreed to. Similarly, it's hard to have too much bond, worker's comp, and liablility insurance protection, important for both you and your homeowners.

it's always smart to stay ahead or least keep up with and be proactive about problems so you can try to deal with them as they arise, instead of hoping they go away.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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