Over 30 Years Of Representing Businesses And Their Owners

California Construction Law Attorney: Contractor And Developer Counsel

Since the firm’s inception, the firm has served the construction industry. Coleman & Horowitt, LLP, brings over 100 years of combined experience in representing public and private owners, general contractors, subcontractors, suppliers, insurers, design professionals, construction managers and testing laboratories in administrative hearings, mediation, arbitration, and state and federal courts throughout California in the following areas:

Drafting and negotiating contracts and contract review
Assisting in real estate purchases, leases and financing
Negotiating of financing, including project and equipment financing
Entity formation, corporate governance and creation and maintenance of corporate documents
Compliance with environmental and governmental regulations, including licensing
Counseling on employment issues and related litigation
Counseling on tax issues
Business and estate planning, including succession planning
Prosecution and defense of bid disputes
Prosecution and defense of contract disputes, including commercial, residential and home improvement project disputes
Prosecution and defense of construction defect claims, residential and commercial
Preparation and enforcement of mechanic’s lien and stop notice and bond claim preparation and enforcement, including preparation of preliminary notices
Advice on environmental impacts or consequences arising out of the construction process
Counseling on licensing matters with the Contractor’s State License Board
Evaluation of insurance coverage
Mediation, arbitration, risk-benefit evaluations and false claim analysis

Adhering To The California Environmental Quality Act

When performing construction projects in California, contractors and project managers need to be aware of how the California Environmental Quality Act can impact these projects. In some cases, it can delay the project or cause construction to stop entirely. As you can imagine, this can have a serious impact on your deadlines and your budget – but California has some of the toughest environmental laws in the country, and they must be followed.

Potential Issues With Noncompliance

Noncompliance issues can get very complicated. In some cases, projects have been initially approved or given exceptions under the environmental laws, only to later see challenges and delays relating to the same laws. This can cause a project to grind to a halt while the details get sorted out in court. This would go much more smoothly if the project was compatible from the beginning, and those involved need to know how to get that approval back if it has been challenged or revoked.

Essentially, these environmental laws create just one more level of compliance that has to be followed. This can evolve over time, and new laws are sometimes in conflict with older variants, so these details are always changing. Our firm works hard to stay on top of these changes so that our clients always know exactly what rights and obligations they have.

How We Can Help

If you are concerned about noncompliance, it can be very helpful to work with our experienced legal team. We have three decades of experience to lean on, and we understand California construction regulations on a deep level.

With cost-effective services, our team will advise you on current laws, inform you of any upcoming changes, help you stay in compliance with the current law and assist with noncompliance allegations. No matter where you are in this process, you need a dedicated and trustworthy team on your side. Coleman & Horowitt, LLP, offers clear legal guidance at every stage of your project, and we know how to respond quickly when trouble arises.

The 2026 Construction Payment Framework: New Risks For Developers

Contract templates are beneficial for developers and general contractors, unless they are outdated. Due to two important new laws, prior contract templates may no longer meet legal requirements.

SB 61 updated the rules regarding retention. The traditional 10% retention now violates Civil Code Section 8811, which imposes a 5% cap. Developers may need to use performance bonds or letters of credit to remain compliant.

SB 440 relates to change orders for existing projects. It now requires property owners to meet with contractors within 30 days. The law imposes a strict timeline for a “meet and confer” process and a 2% monthly interest rate for failing to pay undisputed amounts promptly.

Read our full legal analysis of the 2026 Payment Framework by Associate Attorney Herman Chatrath here.

Contractors now have stop-work rights in nonpayment scenarios, and the statutory provisions cannot be waived through contractual agreement. Existing templates likely require revisions to ensure compliance with these new regulations. Failing to update project‑management protocols can expose you to mandatory attorneys’ fees in an enforcement action.

Mechanic’s Lien And Stop Notice Strategy

When an issue regarding payment arises, general contractors, developers and other construction professionals benefit from the guidance of a California construction lawyer. Professionals must provide a 20-day preliminary notice before seeking a mechanic’s lien or serving a stop notice.

General contractors can record mechanic’s liens after 60 or 90 days, depending on the circumstances. Subcontractors and suppliers may be subject to a 30-day or 90-day waiting period.

A stop notice, also called a stop payment notice, allows a subcontractor or supplier to address nonpayment by directing the property owner to halt further payments to the general contractor. The notice must be served within 30 days after filing a Notice of Completion or within 90 days after the claimant actually finishes the work.

Public Works And Bidding Compliance

Bidding on municipal projects in Fresno and Bakersfield can lead to profitable projects. However, contractors must first register with the California Department of Industrial Relations. They must also comply with relevant wage laws and adhere to legal bidding limits.

Informal bidding may be an option for contracts that are under $220,000. However, the municipal authority can award a contract worth as much as $235,000 to the lowest bidder in qualifying circumstances.

Any projects projected to have a winning bid of over $220,000 must follow the formal bidding process. Fresno and Bakersfield use digital platforms for bidding, and prior registration is typically necessary.

Contract Drafting, Mechanic’s Liens And Stop Payment Notices

If you are a contractor, subcontractor or material supplier on a California project, you have statutory payment rights under the state’s civil code. Understanding what each remedy achieves is just as important as knowing when to use it.

Here is what each remedy does for you:

Preliminary 20-day notice: This is not a remedy on its own, but it is the gateway to all of the remedies below. Serving it late limits your rights. You can only file a lien or stop payment notice for work completed within the 20 days before service and any work completed after that point.
Mechanic’s lien: This creates a security interest in the property itself. If the debt goes unpaid, you can force the sale of the property to recover what you are owed.
Stop payment notice: This directs the property owner to withhold further payments to the general contractor until the payment dispute is resolved. If the owner ignores a valid notice, they can face personal liability for the unpaid amount.
Bond claim: On bonded projects, this gives you a direct claim against the surety, bypassing the property owner entirely. On public works projects, this can be a path to recovery.

When payment is withheld, knowing which remedy to pursue and when can determine whether you recover what you are owed. Our attorneys help contractors and material suppliers across California enforce those rights before critical deadlines pass.

Construction Defect Defense And Dispute Resolution

When a defect claim comes up on a California construction project, both parties must work through a formal process before the dispute reaches a courtroom or arbitration panel. SB 800, codified at Civil Code §§ 895 through 945.5, sets out that process.

Here is how it works:

Written notice: The claimant must serve written notice by certified mail describing the alleged defect in reasonable detail.
Acknowledgment: The builder must acknowledge receipt within 14 days.
Inspection: The builder may conduct an initial inspection within 14 days of acknowledgment and may request a second inspection within 40 days of the initial inspection date.
Repair offer: The builder must submit a written, step-by-step repair plan within 30 days of completing the inspection.
Statute of limitations: The law limits the filing of claims to 10 years maximum, but specific defects may have shorter deadlines.

Builders may raise affirmative defenses such as unforeseen acts of nature and owner or occupant maintenance failures. General contractors and subcontractors may also assert contractual defenses based on their specific role in the alleged violation.

Following the process correctly gives you more control over the outcome and reduces your exposure to litigation. Our construction law attorneys can guide you through each stage and, when necessary, defend your position in arbitration or at trial.

Turn To Trusted Construction Lawyers In Fresno And Other Locations

No matter what type of construction project you are responsible for and what stage the project is currently at, we encourage you to discuss it with our construction attorneys in Fresno or at one of our other office locations.

To schedule a consultation about your construction project, call 559-343-2648 or send us an email inquiry.