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Construction Litigation

Mr. Burton represents individuals, homeowners, and contractors in construction-related matters, such as negotiating and drafting construction contracts, filing mechanics’ liens, and initiating stop notices. He also handles construction defect litigation involving issues such as structural defects, defects in equipment or materials used in construction, and foundation defects.

The representation of North Bay Area and Sacramento owners (both public and private), general contractors, subcontractors, sureties, suppliers, insurers, design professionals, construction managers, and forensic laboratories in construction disputes.  This representation includes mediation and arbitration of construction disputes, preparation of construction contracts, and representation of property owners.  The specific areas of expertise include:

Analysis of Issues In Dispute:

  • Consultation Concerning Performance Issues
  • Payment Disputes
  • Negotiation of Change Orders
  • Government Code Claims
  • Delay/Productivity Analysis
  • Lien Release/Payment Issues
  • Stop Notice, Mechanics’ Lien, Payment, and Performance Bond Disputes

Pre-Bid:

  • Licensing matters with the CSLB
  • Pre-Qualifications
  • Review of Contract Documents
  • Negotiation of Contracts
  • Drafting Contracts
  • During and After Performance

Defect Analysis:

  • Liquidation & Tolling Agreements
  • Prioritization of Rights and Remedies of Creditors/Debtors
  • Evaluation of Insurance Coverage
  • Arbitration, Mediation, & Litigation of Claims
  • Negotiation of Disputes
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