Performance & Payment Bond Claims
Mechanics’ Liens & Stop Notices
Performance & Payment Bond Claims
Protecting Your Financial Interests throughout the Construction Process
Performance bonds and payment bonds ensure that work is completed and all of the proper parties are paid. These bonds serve a critical role in construction projects in which many entities are involved, unforeseen changes may arise and various issues may affect the project and its completion. If someone involved in the project has failed to meet payment or performance requirements, you may have the right to file a claim against the applicable bond.
If you have questions regarding payment or performance bonds, the legal team at Herrig & Vogt, LLP can help. We have extensive experience both in the construction industry and providing construction law counsel and representation. We understand your business and appreciate the challenges you face on the job.
Performance Bond Claims
If you are the owner or general contractor of a construction project, you need to be able to depend on contractors who have agreed to perform work within specifications and on time. If a contractor failed to meet their contractual obligations, you may have to make a claim against their performance bond in order to recover compensation for losses that you may have suffered as a result.
Payment Bond Claims
If you are a subcontractor who has not been paid for work as agreed to by contract, you may be able to make a claim against the general contractor’s payment bond. Whether making a claim on a payment bond or filing a mechanic’s lien or stop notice, the attorneys at Herrig & Vogt, LLP will properly advise you about your options.
Consult with an Experienced Construction Lawyer
Assurances of payment and performance are central to the construction business. With so many interdependent parties working on a project, it is essential to know your rights and protect your business. If you have questions or concerns about potential performance and payment bond claims, contact us for a free case evaluation.
Contact us online or by calling (888) 901-8229 to schedule your free consultation with an experienced construction lawyer who can review your options.
Mechanics’ Liens & Stop Notices
Ensuring Proper Payment
As a construction professional, you want to ensure that you are properly paid for the work you provide, especially after investing in labor and materials. If you have not been properly paid for your work, you may need the leverage offered by a mechanic’s lien or a stop notice.
As a property owner, you may be notified that your contractor intends to place a lien on it. It is important to understand what your options are under this situation and how you can properly protect yourself from an unnecessary lien. You also want to take steps to ensure that your contractor properly pays subcontractors and suppliers to avoid one of these parties from taking action against your property interest. Without the proper protections in place, you may be required to pay twice for the same work performed. Our seasoned construction lawyers at Herrig & Vogt, LLP can help protect your right to compensation or to guard against an unnecessary mechanic’s lien or stop notice.
If you are a contractor, subcontractor, supplier or design professional who is owed money, a mechanic’s lien can place an interest in the property itself until the property owner or general contractor pays you. Until the lien is satisfied, the property title is clouded and could prevent refinancing or sale of the property.
If your construction business is owed money by a general contractor on a public project, a stop notice orders the public entity to withhold progress payments from the general contractor until your claim is recognized and paid. A stop notice can also be used in private construction projects in specific lending situations.
Protecting Property Owners’ Rights
We know how important it is to your business to be paid promptly and fully for your labor and materials. On the owners’ side, our trial attorneys also understand that an owner should not be forced into paying more than the value of work that you agreed to and received. We will show you how to protect yourself and limit potential liability by requiring certain documents as a condition to every payment you make, such as:
- Conditional release upon progress payment
- Unconditional release upon progress payment
- Conditional release upon final payment
- Unconditional release upon final payment
We can also assist you by quickly clearing title to your property in order to facilitate a refinance or sale through acquiring a release bond.
Contact a Construction Lawyer for Assistance with Your Mechanic’s Lien or Stop Notice
The construction lawyers at Herrig & Vogt, LLP have more than 100 years of combined legal experience. We also have extensive knowledge and experience in the construction industry itself, which provides us with an intimate understanding of the processes and requirements involved with mechanic’s liens and stop notices.
If you have any issue related to a mechanic’s lien or stop notice, contact us to schedule a free case evaluation.
Contact us online or call (888) 901-8229 to schedule your free consultation with an experienced construction lawyer who can help with all matters related to a mechanic’s lien or stop notice.
Delay & Loss Of Productivity Claims
Protecting the American Taxpayer and Defending Your Integrity
The seasoned legal team at Herrig & Vogt, LLP provides comprehensive legal services to our construction clients, including the prosecution and defense of false claims. If you are facing the prospect of a false claim, contact our firm for assistance.
Prosecuting False Claims
As a public agency, you have a duty to ensure that taxpayer money is not wasted and that taxpayers get what they have paid for. Under the federal False Claims Act (31 U.S.C. §§ 3729-3733) or California’s state False Claim Act (Cal. Govt. Code §§ 12650-12655), a person or entity may face liability when they improperly receive funds or avoid paying the federal or state government as required pursuant to a contract for a public works project. Herrig & Vogt has built a reputation for assisting public agencies in curtailing fraud through prosecuting false claims.
Defending Contractors against False Claim Prosecution
As a contractor, you may be faced with a false claim action being brought either by the government or by a “whistleblower” in the form of a qui tam lawsuit. Being accused of a false claim calls your professional integrity into question, which can be a frightening experience, requiring the implementation of an effective defense. The team at Herrig & Vogt can defend your integrity and livelihood and review your claims for compliance with the False Claims Acts,
Understanding False Claims Accusations
Understanding what comprises a false claim can help you avoid the pitfalls of being charged with this offense. False claims include:
- Knowingly presenting, or causing to be presented, to the government a false claim for payment
- Knowingly making, using, or causing to be made or used, a false record or statement to get a false claim paid or approved by the government
- Conspiring to defraud the government by getting a false claim allowed or paid
- Falsely certifying the type or amount of property to be used by the government
- Certifying receipt of property on a document without completely knowing that the information is true
- Knowingly buying government property from an unauthorized officer of the government
- Knowingly making, using, or causing to be made or used, a false record to avoid or decrease an obligation to pay or transmit property to the government
- Entering into a government contract in a fraudulent manner
- Claiming certifications that you do not have to secure a government contract
Diligent Legal Representation to Protect Your Rights
The legal team at Herrig & Vogt, LLP is experienced in the prosecution and defense of false claims and qui tam actions. We have successfully represented clients throughout the western United States in the defense and prosecution of false claim actions.
Fill out our online form or call us at (888) 901-8229 to schedule a no-cost, no-obligation consultation.
Construction Contract Preparation & Review
Delay & Loss Of Productivity Claims
Protecting Your Construction Business from Delays
Contractors and consumers alike know that construction projects are notorious for being complex, expensive, and late. Complicated schedules and trade coordination issues commonly give rise to claims for delay and loss of productivity. Whether you are an owner or a contractor, cost overruns and schedule delays are problematic and the resulting costs need to be borne by the responsible party.
Our construction law attorneys commonly prosecute and defend against delay and loss of productivity-related claims, which requires a clear understanding of many competing factual and legal issues. Our extensive experience in the construction industry gives us the personal knowledge of the dynamics involved on construction projects and the arguments that can lead to a successful pursuit or defense of these claims.
Considerations in Delay & Loss of Productivity Claims
Our experienced construction lawyers will review the variables that led to delay or a loss of productivity, such as:
- Excusable or Non-Excusable Delay – Our construction lawyers can review your contract to determine if you are entitled to more time. We can investigate whether the cause of the delay was due to weather, labor strikes, access issues, acts of God, other trades, changes or other factors that provide you with the right to additional time.
- Compensable or Non-Compensable – We can also review if you are able to recover for the time-related costs associated with the delay based upon the language in your construction contract.
- Delay Damages – If your delay is compensable, we can analyze what types of damages you can recover, such as unabsorbed home office overhead or field office overhead. We can also analyze the standard of proof to determine how you will need to establish these damages.
The attorneys at Herrig & Vogt have the in-house resources, experience, and knowledge to assist in putting your best factual and legal position forward.
Evaluating Your Claim
To determine the potential value of your claim, our seasoned construction lawyers will consider the following:
- Measurement of Inefficiencies – We will consider various methods to evaluate your claim, such as the measured mile, modified total cost, total cost or industry studies.
- Cause of the Delay or Loss of Productivity – We will consider the factors that affected your damages, such as stacking of trades, overtime, out of sequence work, adverse weather, change orders or proper coordination.
- Recovery Issues – We will also evaluate which contractual clause provides a legal basis for you to recover, whether you complied with all applicable notice requirements and whether you may have waived any rights under the contract.
Superior Legal Services from an Experienced Construction Law Firm
If you have any questions about your claim for delay or loss of productivity damages, our experienced team can provide you with a free case evaluation to explain your rights to you. We can also prepare a comprehensive strategy for handling your matter efficiently.
Contact us online or call (888) 901-8229 to speak with an experienced construction lawyer about your claim.
Construction Contract Preparation & Review
Experience When You Need It Most
Construction projects are often complex and may involve more than two parties. Often, there may be dozens of separate entities working on a single construction project. Contracts are essential to establish who is responsible for completing specific work within a particular timeframe and at the specified price. Construction contracts need to protect your interests in many different scenarios, such as when changes occur on the project or when payment issues arise. At Herrig & Vogt, LLP, our lawyers are experienced in construction as well as construction law, giving us a unique skillset to prepare construction contracts that are designed to protect your interests and clearly outline the responsibilities of each party in case an enforcement action is necessary.
Read on for a brief overview of some of the most important issues to consider when preparing or signing a construction contract.
Binding Nature of Contracts
When you sign a contract, you are bound to the provisions in the contract. It is important that you fully understand the obligations you will incur before you sign a contract. The attorneys at Herrig & Vogt, LLP can ensure that every contract you sign protects you and will help you draft contractual language that accomplishes this objective.
Indemnification makes one party responsible for legal liabilities that arise out of the contract. This area of law can be complex. If your contract contains an indemnification clause, make sure you fully understand what that means to you and your company. Indemnity language should be precise to ensure that your interests are protected. Your lawyer can explain the limits of indemnity under California law. It is incredibly important to know your rights and your potential liability.
Changes on construction projects are quite common, and it is important to know whether you are protected before changes occur. We can draft a changes clause in your contract that defines what types of changes must be accompanied by a change order and how these changes will be paid.
Attorney Fee Clause
If you need to enforce your contract rights in court, it is important that you have an attorney fee clause in your contract so that we can recover these expenses from the opposing party.
Dispute Resolution Clause
If a dispute does arise, it is important that you have a strategy in place to help you resolve the dispute as quickly and affordably as possible. We can include a dispute resolution provision in your construction contract that requires mediation or arbitration to resolve the dispute.
Superior Legal Services for All Your Construction Contract Needs
Whether you are a general contractor, a subcontractor, a supplier or the project owner, it is important to have a lawyer with experience in the construction industry to properly draft your construction projects. Our attorneys at Herrig & Vogt have extensive experience in the construction industry and can manage the details of your construction plan and contracts.
Contact us online or call (888) 901-8229 to schedule your free consultation with an experienced construction lawyer who can help draft your construction contracts.
Changes & Change Orders
Assertively Pursuing or Defending Construction Claims
Construction claims may arise because of many contributing factors, such as time-related damages, losses in productivity, and cost overruns on labor, material or equipment. Effectively preparing and prosecuting a construction claim requires developing appropriate entitlement arguments and implementing suitable methods to quantify damages sustained that are based on contemporaneous project documentation. The construction lawyers at Herrig & Vogt, LLP have the experience and knowledge required to advise and assist with the claim preparation or defense process.
Sometimes it can be difficult for contractors, owners, and architect-engineers to explain the daily dynamics on a job site to legal counsel who may not have a construction background. At Herrig & Vogt, LLP, you will find that our construction law attorneys and in-house claims analysts have the experience, knowledge, and technical acumen to communicate clearly with your project and corporate personnel, as well as your opposing party. We can aggressively pursue your claim and effectively reach a fair and beneficial resolution to your construction dispute.
For more than 30 years, Herrig & Vogt, LLP has represented construction clients throughout California, Washington, Nevada, Utah, Alaska, and Montana from our office in Sacramento, California and from our Washington offices in Kennewick and Redmond. We are more than construction lawyers; our analysts have firsthand experience managing and administering large and complex construction projects. We understand the necessary requirements to properly prepare and document a demand for additional compensation and claims on public, governmental, and private contracts. As a corollary, we also know how to defend against claims that do not meet the requisite standards to succeed.
Our construction attorneys have the experience and understanding to effectively address the complex issues associated with proving and defending claims, including:
- Delay claims
- Loss of efficiency claims
- Termination for cause and convenience claims
- Acceleration and overtime claims
- Differing site condition claims
- Abandonment claims
- Claims for extra and changed work scope
- Change order proposals
- Lost profit claims
- Cost of funds / interest claims
- Attorney fees and claim prosecution recovery
- False claims
About Our Construction Law Team
Our construction law team is well-respected in the legal community and construction industry for having first-hand knowledge and experience in the construction field. Our in-house consultant and claims analyst, Gregg Gottgetreu, is often retained by other law firms to evaluate their clients’ claims, to present their positions to yield the best return on their litigation investment, and to develop expert reports as necessary in the pursuit of resolving their disputes. Mr. Gottgetreu has also acted as an expert witness defending owners, sureties, and general contractors from unreasonable demands from adverse parties.
Claim Preparation and Prosecution
Our construction lawyers have decades of claim preparation experience. Once our attorneys have reviewed project documents, critical path schedules, and job cost data, we will quickly implement the most appropriate claim process and pursue it against the proper responsible party.
Claim Defense and Resolution
Decades of claim preparation experience have given our attorneys a tremendous advantage in effectively defending against claims. Our experienced construction accidents know what documents to review and what questions to ask to determine what actually occurred on the project. We evaluate daily reports and analyze project schedules to prepare effective claim defense, presentation, and resolution.
An Experienced Legal Team You Can Depend On
The legal team at Herrig & Vogt, LLP has more than 100 years of combined legal experience, many of which have been used in the pursuit of claim preparation and defense. You can rely on our intimate knowledge of construction claims to help advance your interests in claim preparation or defense.
Contact us online or call (888) 901-8229 to receive a free case evaluation and to talk to a lawyer with ample experience in the construction industry.
Changes & Change Orders
Protecting Your Construction Contract when Changes Arise
It is virtually impossible to complete a construction project without some form of change. Oftentimes, the clients decide they want to add, remove or alter some aspect of the project. However, when changes are made, problems may arise. There may be problems regarding the availability of materials, zoning, permit issues or countless other complications.
The legal team at Herrig & Vogt, LLP knows that project changes are the norm in the construction industry and that those changes frequently alter what the job will eventually end up costing and how long it will take to complete. These changes will very often lay the foundation for a construction claim or a request for equitable adjustment (REA). The proper approach to project changes and change orders is crucial in ensuring that you protect your right to compensation for the work you provide. Our construction law attorneys can ensure that change orders are properly drafted and submitted so that you can avoid misunderstandings with your client or jeopardize your ability to be fully compensated for your work.
Causes of Change Orders
When a construction firm submits an estimate to a potential client, it bases the bid on the factors known at the time. However, it is common for changes to occur that were not originally anticipated or made part of the original estimate. Some of the most common causes of changes in a construction project include:
- Differing site conditions
- Changes in quantities
- Changes in scope
- Incorrect or misleading plans and/or specifications
- Change order negotiation
- Reservation of rights
- Extensions of time
Competent Legal Assistance with Change Orders
When a material change must be made, the construction lawyers at Herrig & Vogt, LLP will take the time to carefully review the situation and prepare an individually tailored strategy for your situation. We know firsthand what types of issues you face in the course of your day-to-day operation and how to navigate the complicated changes that accompany most projects so that your right to compensation is protected.
Contact us online or call (888) 901-8229 to schedule a free consultation with one of our experienced construction law attorneys.
Alternative Dispute Resolution
Protecting Your Rights During the Bidding Process
If you placed a construction bid and are surprised that you did not win the contract, you may have legal recourse in certain situations. If you were the second lowest bidder and the first lowest bidder failed to address all of the necessary requirements, you may be able to protest the bid. However, you only have a very limited amount of time to make this protest under the terms of California state law.
A bid protest must be submitted within the specific time constraints, typically within a matter of hours. Usually, such a bid protest must be submitted within 48 or 72 hours from the time the winning bid was announced. Our lawyers have more than 100 years of combined experience in construction law. We can quickly help you examine the bid and identify any requirements that may not have been fulfilled.
Potential Areas to Challenge in a Construction Bid
In construction bids, the details are very important. If the other bidder neglected to include certain information in its bid, you may be able to secure the job through a proper bid protest. Some of the most common errors and omissions that we look for in bids include:
- Material Omissions – The low bidder may have failed to address all of the requirements of the project. Material omissions are those that artificially cause a low bid that is later amended when it is too late to re-bid the project.
- Failure to Address Addenda – The government entity that announced the public project may have sent out addenda to modify the scope of the contract. The low bidder may have failed to acknowledge and address these addenda.
- DBE Requirements – The low bidder may have failed to meet all of the disadvantaged business entity (DBE) requirements. The low bidder’s good faith efforts may have only been pro forma and not sincere.
Prompt Legal Attention to Address Bid Problems
Our construction law attorneys have ample legal knowledge and experience in the construction industry. We are well-versed in the type of information and detail that should be included in bids for public works projects. If you believe you may have lost a bid because the lowest bidder did not address all of the necessary, requirements our experienced attorneys may be able to help.
Contact us online or call (916) 472-0376 to schedule your free consultation with a firm that cares.
Alternative Dispute Resolution
Minimizing the Cost of Construction Disputes
Litigation involving construction contract disputes can often be time-consuming and expensive. It can also disrupt the profitability of a project or cause an end to your relationship with your client. The experienced construction lawyers of Herrig & Vogt, LLP always strive to get your matter resolved quickly through alternative dispute resolution options like mediation or arbitration whenever possible.
When you are involved in a construction dispute, it is essential to have a lawyer who understands the construction business as well as construction law. The legal team at Herrig & Vogt knows the industry well. We have extensive experience using alternative dispute resolution (ADR) strategies including mediation and arbitration to achieve our clients’ goals in a swift and efficient manner.
Benefits of Alternative Dispute Resolution
ADR is a preferred method to resolve disputes in the construction industry because it provides the following benefits:
- Cost Savings – It is no secret that litigation is expensive. In addition to attorney fees, you also face court fees, discovery costs, and expert witness fees. Mediation and arbitration are often able to resolve a matter for much less money. Also, the parties can often split the cost of ADR.
- Faster Resolution – Time is money in the construction industry, and ADR resolutions are usually much quicker than litigation. With litigation, you must schedule a date on the court’s already overburdened docket whereas ADR allows you to schedule a meeting or arbitration based solely on your schedules and that of the arbitrator or mediator.
- Power to Choose the Decision Maker – You and your client get to select the arbitrator, who serves a role similar to a judge in a litigated case. If you pursue mediation, you and the other party get to select the mediator of your choice, who serves as a facilitator for you and the other party. You can select someone with construction or business experience who is better acquainted with construction contracts than other professionals.
- More Control Over the Outcome – In ADR, you have more control over the outcome of the decision. In mediation, you may enter into a voluntary agreement to resolve the dispute. In arbitration, you get to decide the ground rules, extent of discovery and whether the decision will be binding before the process is underway.
- Cooperative Nature – Mediation is a cooperative process in which you and the other party work together to resolve a mutual problem.
With our deep understanding of the construction industry, we can resolve claims quickly and effectively by exploring all possibilities for ADR.
Experienced Construction Law Mediation and Arbitration Services
In a construction dispute, you want to know where you stand as early as possible. With decades of experience in construction law, our attorneys will provide you with a straightforward evaluation of your situation and the options available to you. Construction dispute resolution requires in-depth litigation experience, the ability to use ADR methods effectively, knowledge of construction law, and an understanding of the construction industry. The legal team at Herrig & Vogt, LLP has used that knowledge and skill to help clients across the western United States achieve their goals and resolve construction disputes.
Fill out an online contact form or call (888) 901-8229 to schedule your free consultation with an experienced construction lawyer.
Clients Our California Construction Lawyers Have Helped
By helping our clients to successfully navigate even the most challenging legal situations, we have earned a reputation in California and throughout the Western United States for being aggressive litigators who are willing to fight. Furthermore, our attorneys have a background of working in the construction industry, overseeing projects and dealing with problems similar to those that you now face. Our representative claim summaries can give you an example of what we have done in the past and how our attorneys can fight for you now.
When you hire the team at Herrig & Vogt, LLP to represent you in any type of construction law dispute, you will be working with a team that has a proven track record of success. With decades of combined experience, our California construction lawyers have a background that includes handling cases for many notable clients in cases of exceeding complexity and difficulty.
Some of our representative clients include:
- Anderson Group International
- Baskerville Parsons Contractors, Inc.
- Boneso Brothers Construction
- Collins Electrical Company, Inc.
- Columbia Basin Rebar, Inc.
- County of Placer, California
- D.I. Diversified, Inc.
- D.L. Electric, Inc.
- Diversified Utility Services, Inc.
- Donald B. Murphy Contractors, Inc.
- Envirocon, Inc.
- Frye Construction, Inc.
- GM Enterprises
- Hayward Baker, Inc.
- Heery International, Inc.
- J.F. Ahern Company
- J.R. Barto Heating, Air Conditioning & Sheet Metal, Inc.
- KAT Construction
- KW Construction
- Lawson Mechanical Contractors
- Ledsam Contracting, Inc.
- Long Painting Company
- Los Angeles County Metropolitan Transportation Authority
- Performance Excavators, Inc.
- PC Exploration
- R.A. Nemetz Construction, Inc.
- Reno Iron Works
- Rescue Engineers
- R.T. Painting
- Sacramento Drilling
- Scott & Sons Electric
- S.C. Anderson, Inc.
- Shasta Services, Inc. dba Timberworks
- S.J. Amoroso, Inc.
- Skyline Steel, Inc.
- Smith Electric Service
- T&M Manufacturing, Inc.
- TMT Construction
- Viola, Inc.
- Western Sierra Homes, Inc.
- ZSI, Inc