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Construction Litigation

Construction Litigation

Tyson & Mendes has successfully represented design professionals, developers, contractors, subcontractors and suppliers. We handle all aspects of construction-related litigation, including design or construction defects; delay, disruption, and acceleration; earth movement; job-site injury; and more.

In recognition of the fact construction litigation can be protracted and expensive, Tyson & Mendes is dedicated to providing cost-effective service to our clients. We are strong proponents of alternative dispute resolution where appropriate and are actively involved in construction dispute avoidance counseling on behalf of clients. This involves the review and negotiation of contracts in order to minimize risk, as well as negotiation and resolution of disputes to prevent litigation.

Our attorneys have extensive trial and arbitration experience in both state and federal courts, and before the American Arbitration Association and other arbitration forums. Consistent with our emphasis on cost-efficiency, Tyson & Mendes partners with the client at the outset of litigation to discuss specific litigation goals and strategies that consider the most efficient and cost-effective manner of proceeding successfully.

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Construction Litigation Articles:

Retroactivity Still Applies to Some Construction in California Claims

Author: Edward Lester | September 7, 2021 9:00am
The California Fourth District Court of Appeals recently held the retroactivity provision of Civil Code section 5986, subdivision (d), applies to construction defect claims that were 1) initiated prior to January 1, 2020, and 2) have been adjudicated by a trial court but have not reached appellate finality. The court further held that prelitigation vote requirements of condominium ownership associations violate fundamental state public policy.

Palos Verdes’ Failure to Warn of Dangerous Condition Not Protected by Design Immunity Statute

Author: Robert Bernstein | May 7, 2021 9:00am
A recent auto accident involving superstar golfer Tiger Woods occurred in the City of Ranchos Palos Verdes, an upscale community adjacent to the Pacific Ocean in greater Los Angeles. A 2016 accident in the same area gives rise to a recent decision of California’s Second District Court of Appeal which limits the scope of design immunity afforded to public entities.

Colorado Premises Liability Act: Duties and Liabilities

Author: Bradley Damm | May 7, 2021 9:00am
Colorado’s Premises Liability Act is found under C.R.S. § 13-21-115. This Act provides the sole remedy for those injured on land possessed by another landowner. The term “landowner” includes authorized agents or other persons in possession of real property or otherwise legally responsible for the condition of real property or the activities conducted or circumstances existing on real property. The Premises Liability Act divides a landowner’s duty of care by the classification of the injured person. These include “invitees,” “licensees,” and “trespassers.”

California’s Right to Repair Act Does Not Preclude All Causes of Actions

Author: David Ramirez | May 7, 2021 9:00am
In the matter of State Farm General Insurance Company v. Oetiker, Inc., the Court of Appeal Second District dealt with a product manufacturer trying to dodge a subrogation action based on the Right to Repair Act. The Court of Appeal determined the Right to Repair Act governing construction defect litigation does not preclude a homeowner, or its insurer, from bringing causes of action which fall outside of the Act.

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