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Construction Law


Construction of a dwelling is no small investment.

Contractors - you expect prompt payment for your hard labor and good workmanship.

Homeowners - you expect that the job will be done in a timely fashion to quality standards.

But what if something goes wrong? Your rights are limited to the Contractors Board and the writing in the contract.

Have us read the contract. Have us negotiate your rights and remedies in advance should the unexpected happen.

Construction (homeowner)
1. How do I ensure the job gets completed?
2. How can I force the builder to remedy code violations,
    cosmetic problems or both?
3. How do I know whether or when to contact the
    Construction Contractor's Board?
4. How do I help ensure that the homeowner will reimburse my
    attorney fees and court costs, if I am forced to sue for payment?

Construction (contractor)
1. How do I ensure homeowners pay me?
2. How do I preserve my lien rights?
3. How should I proceed if this has to go to court,
    should I request a trial or an arbitration?
4. How do I handle homeowner warranty issues?

A note to contractors:
You can't succeed unless the homeowner pays you. We can help review your contract and protect your business by guiding you through the lien process.

Representative Cases:
Our client is a general contractor in Bend. He was hired by an engineer to build a custom home on the west side. The homeowner constantly forced him and the subcontractors to change the placement of walls and fixtures, not only during the installation but afterwards, when he forced them to rip out walls and staircases. When the job was nearly complete, the homeowner locked out our client and refused to make the final payment of $14,000. We stepped in and filed suit. When it was over, we won an award of $11,000.

Our client is a storeowner in Bend. He hired a general contractor to remodel the building. The general contractor would show up only a few times per week, used regular nails instead of bolts to install special white laminate paneling, shattering several pieces, and misinstalled bathroom fixtures and handrails. We filed suit for $15,000. The contractor
counterclaimed for $25,000. On the day of the hearing, the arbitrator saw our witnesses and quickly conceded. Our client did not need to pay the contractor anything, and we forced the contractor to reimburse our client for most of the money he lost.

General contractor hired a painter to paint exterior of new construction house in Bend. Painter messes up the paint quality, and applies the paint in sloppy fashion. Painter hires attorney to demand payment. General contractor hired me to file CCB claim and communicate to attorney that no payment will be forthcoming; in fact backcharging will apply given the poor workmanship. General contractor gets protected from damages claim and successfully preserves rights against the subcontractor.

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Attorneys at Law in Bend, Oregon
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