Proven Legal Expertise for the Construction Industry
- Public & Private Owners
- Design Professionals
- General Contractors
- Equipment & Material Suppliers
- Insurance Carriers & Sureties
Cost-Effective Results: A Bottom Line Philosophy
While our primary focus is claim avoidance, our San Diego construction attorneys understand the need to evaluate a dispute from a business and a legal viewpoint. Our goal is to position each client for success and the best possible outcome as we strive to deliver positive, cost-effective results both in and out of the courtroom.
- Aviation Facilities
- Convention Centers
- Dam, Pipeline & Water Delivery Projects
- Hospitals & Medical Centers
- Manufacturing Facilities
- Power Plant Projects
- Research & Development Facilities
- Single Family & Multi Unit Residential
- School & University Facilities
- Transportation Projects
- Water & Wastewater Treatment
Construction Law Expertise:
- Competitive Bidding & Bid Protests
- Contracts, Extra Work, Change Orders and Time Extensions
- Delay, Disruption & Acceleration Claims
- Design Professional Errors & Omissions
- Insurance Policies & Coverage
- Progress & Retention Payments and Liquidated Damages
- Requests for Quotation & for Proposals
- Stop Notices, Mechanics’ Liens, Payment & Performance Bonds
- Traditional & Alternative Project Delivery Systems
Seeking the finest construction attorneys San Diego has to offer?
I want to share with you some information about a new law that affects indemnity provisions in construction contracts. Starting January 1, 2013, upper tier contractors can no longer require lower tier contractors to defend and indemnify them for their act of negligence. Lower tiers are still required to defend and indemnify for passive negligence, and there are some new and important rules regarding tendering defense costs. Whether you are an owner, general contractor or a subcontractor, make sure you know your rights and responsibilities under the new law.
Project Labor Agreements
A project labor agreement is a contract between a project owner or prime contractor in one more construction labor unions. Under these agreements the unions involved agree not to strike the project, thereby ensuring labor peace. In exchange, all contractors performing work on the project will be required to employ union labor on the job. Needless to say, this has generated a lot of controversy, particularly on publicly funded projects. The attorneys at Higgs Fletcher & Mack can walk you through the legal components and practical considerations of these agreements.
Risk Management: An Approach to Reducing the Possibility of Litigation
I’m Michael Gibson at Higgs Fletcher & Mack. In California, anyone can file a lawsuit. However, through appropriate risk management, it is possible to reduce your exposure if you are ever sued. Three elements comprise effective risk management: risk identification, risk assessment and development of measures to contain risk. In our experience, one response measure does not fit all risks. Some must be accepted; while others risks can be mitigated or avoided altogether. Risk management can be a complex, inexact science. However, the attorneys at Higgs Fletcher & Mack can assist you in assessing the risks you face and outlining options to address them.
Three Things to Ask Before Signing a Construction Contract
I’m Michael Gibson, an attorney at Higgs Fletcher & Mack. Before signing a construction contract here are three questions you should ask to help ensure you are protected. First, ask how the project is being financed and determine what options you have to secure payment. Second, find out if the construction drawings and specifications have been tested for completeness and constructability. Third, review and understand your insurance and indemnity obligations. The Construction Attorneys at Higgs Fletcher & Mack can help you address these and other legal issues you might encounter when contracting for a construction project.
Having regularly represented clients in Cal/OSHA investigations and citation appeals, there are a few things you need to know about jobsite accidents. First, you need to know what to do after a jobsite accident. Second, I can give you some tips for dealing with investigations. Lastly, I can explain a few things you should consider about citations and civil liability.