Building & Improvement Contracts in San Diego
Seasoned Guidance from San Diego Real Estate Attorneys
When building or improving real property in California, you must abide by certain regulations. Ignoring these laws can result in serious consequences. To make sure everything is correct legally, please consult with a San Diego real estate attorney from Purdy & Bailey, LLP, for what is often critical legal advice. Our firm can assist with writing contracts, reviewing documents for potential legal pitfalls and offer experienced legal representation during transaction or litigation.
Call (858) 360-7080 to learn more about your contract.
Laws for Developing Real Property in California
One wrong move could prove disastrous for your building and improvement project. It’s important to ensure that everything is in order before signing an official contract.
Do not sign or draft a home construction contract before ensuring that it has all of the following:
- A complete list of all the work to do, including materials to use. Make sure the written specifications match the blueprints.
- When construction will begin and end, and what will happen if the project does not finish on schedule
- Schedule for payment due dates
- New pages that reflect changes made after the original contract was written
- Warranty information
- Payment for attorney fees in the event of a lawsuit
- Action to take in case of a dispute
In the case of a dispute, some contracts require mandatory mediation, preventing the owner from filing a lawsuit. In mediation, both parties would resolve their dispute out of court through a neutral mediator.
How Can I Improve My Home in California?
If you want to add a home addition, pool, hot tub, patio, terrace or any other major adjustment to the house— or, if you want to be the building contractor, you need to make sure it meets the state’s home improvement code. Additionally, any addition of solar panels must adhere to both the California Solar Rights Act and the Solar Shade Act. Building contractors are required to present homeowners with a copy of the contract.
The law requires the contract to meet many specifications, including but not limited to:
- The correct font size
- Dates, names, and addresses for work to be done, including start and finish dates
- Agreement to issue a mechanic lien release after the homeowner pays for the completed work
- A statement that says the homeowner has a right to a copy of the contract with all fields filled in (the wording must be in accordance with the law)
- The correct headings over certain sections
- The types of fees being charged for the work
- Down payment policies
- Statement saying the contractor cannot accept payment before the project is completed
- Several other considerations
These terms can be listed in the contract or added as an attachment.
Call a Real Estate Lawyer in San Diego before Signing a Building & Improvement Contract
Whether you are a property owner or a building contractor, ask our real estate attorneys to review a contract before you sign it, or draft a contract to present to a potential customer. We can save you time and money in the long run, and help make sure that your goals are reached. Let us put more than 50 years of collective experience to work for you!
Don’t hesitate to contact Purdy & Bailey, LLP for more information about building or improving your contract.