Payment and change orders
Unpaid contract balances and disputed extra work.
- Real estate mediation
- Construction, damage & HOA disputes
Construction, property damage, and HOA dispute mediation
Construction disputes involve owners, contractors, subcontractors, insurers, and sometimes an HOA, each holding part of the story and part of the responsibility. Mediation brings them to one table so they can divide repair costs in months rather than the years a court case can take.
My work on development projects gives me a practical view of change orders, delays, and repair scope, which helps the parties judge what a defect will actually cost to fix.
Construction and HOA disputes I mediate
Construction defects
Leaks, foundation problems, and work that does not meet the plans or code.
Mechanics liens
Liens recorded by contractors and suppliers, and payment to release them.
Delays and abandonment
Projects that stalled or contractors who walked off the job.
Subsidence and water damage
Earth movement, drainage failures, and damage claims with insurers.
HOA disputes
Assessments, architectural approvals, repairs, and rule enforcement.
California rules that shape construction and HOA disputes
- New home defects
- The Right to Repair Act, Civil Code § 895 and following, sets a prelitigation process for defect claims on new residential construction, including notice to the builder and a chance to repair.
- Mechanics liens
- Contractors and suppliers can record liens under Civil Code § 8000 and following, with strict deadlines to record a lien and to sue to enforce it.
- HOA disputes
- The Davis-Stirling Act requires an offer of alternative dispute resolution before certain lawsuits between an association and its members (Civil Code § 5925 and following).
- Contractor licensing
- Business and Professions Code § 7031 limits an unlicensed contractor's right to be paid, which often shapes payment disputes.
This is general information, not legal advice. Each party should consult its own attorney about its rights.
What a construction settlement can include
- An agreed repair scope and schedule
- Payment and a recorded lien release
- Contributions from contractors and insurers
- Credits against the contract price
- HOA payment plans or architectural approvals
- Mutual releases
Questions about construction & hoa mediation
Can insurers take part in mediation?
Yes, and they often should. When insurance may pay part of a claim, having the adjuster present makes a settlement much more likely.
Does an HOA have to offer mediation?
For many enforcement disputes, California's Davis-Stirling Act requires the association or owner to offer alternative dispute resolution, such as mediation, before suing.
Can a mechanics lien be released in mediation?
Yes. A settlement can require the contractor to record a lien release once the agreed payment is made.
Do we need experts before mediating?
Not always. Repair estimates or a short expert report help each side value the claim, and parties sometimes agree to share one neutral expert.