Real Estate

Real estate law concerns income-producing real estate properties and projects of a wide variety, including office buildings, retail centers, apartment buildings and condominium developments, hotels, and industrial and specialty properties. Litigation can arise in any aspect of these projects from acquisition and financing to development and construction to management and leasing. The disputes can be as varied as the parties and the projects themselves.

When a dispute arises over property, the stakes are high and the results can be long-lasting. I look for each case’s unique aspects to find the best opportunities and most efficient path to a favorable result for our client. Sometimes that means reaching a deal with creative settlement terms. Other times it means pursuing legal theories unexpected by the opposition. Real estate litigation often presents diverse issues, each with its own set of challenges that require specific expertise.

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Considerations for Construction Law

Part of real estate law is a knowledge of construction laws. Construction law deals primarily with contract law relating to building construction, engineering and related fields. Construction law covers all aspects of the legal process, from the initial bidding on the project to the negotiation and the formation of the agreements and contracts.

Construction law also governs disputes between the parties involved in the construction process (i.e. builder and homeowner). There are many laws that govern the construction process and that apply to the various businesses and professions that are a part of and serve the construction industry.

In construction law, both the owner and the contractor are required by law to act in good faith in the performance of their contractual obligations. Courts have held that the construction contractor owes the owner a duty to perform services in an appropriate workman-like manner. This duty requires the contractor to warn the owner if the design or construction specifications may have damaging results. Likewise, courts have held that an owner has a duty to cooperate with contractors. The owner’s duty to cooperate also requires that the owner not interfere with or purposefully delay the contractor’s performance.

Although specialized, construction law can touch on many legal practice areas. If you have issues with your contractor, you might want to speak with an attorney who has expertise in this complex field.

Real Estate & Construction Law Attorney in San Jose, California

Need legal guidance regarding a real estate transaction or construction-related dispute? Whether you're looking to negotiate a deal or take your case to court, I'm here to help. Reach out today to set up a free and informative consultation.