Construction

Residential and Commercial

We consult with our clients to define their objectives early in the representation, providing an analysis of their potential remedies and associated risks and benefits.

Pre-Contract

At Pesner Kawamoto we have decades of experience concerning the drafting and negotiating of construction and architect contracts and subcontracts, appointment and servicing as mechanics' lien agents, negotiating and settling of construction financing loans including title insurance coverages, drafting construction management agreements, ensuring compliance with applicable Board of Contractor regulations and reviewing County construction permit applications and resolving inspection issues. We have the strong belief that when the parties' contract expectations are properly documented, the construction project runs more smoothly.

For an owner, Pesner Kawamoto's efforts include contractor licensure and references, County permitting and third party inspectors are engaged. The contractor must providea well-defined scope of work and all the parties (owner, contractor and lender) must have a mutually acceptable work and time schedule for the project.

Contract Performance

When issues arise during the construction process, which they inevitably do, early intervention by professionals is essential. Too often, parties in a construction project allow issues to simmer without communicating their grievances. All too often owners have expectations that are too rigorous, and unfortunately many contractors are insensitive to the inconvenience and financial hardship their delays and poor performance cause. Communication is vital if the parties are going to avoid dispute resolution. If a lawyer for the owner is involved in the beginning, he can facilitate a dialogue when tough issues arise.

Dispute Resolution

We have many, many years of training in mediation, arbitration and litigation. Construction issues are unique. They involve the inter-play of contract performance standards, state building codes and implied industry standards. One cannot resolve a construction dispute without recourse to expert testimony. The knowledge required to confidently present a construction case takes years to develop. In addition, mechanics lien litigation presents a whole additional aspect, the interplay statutory enactments, contract law and real property.