The laws and regulations affecting construction businesses are as numerous and complex as the laws affecting any other trade. The unique laws of licensing, mechanic's liens, contract interpretation/enforcement, delay claims, defect allegations, and insurance coverage are not always well understood by even the most experienced veterans within the construction industry.
The fast pace of construction dictates that when an issue arises on a project, it is given immediate attention. Whether assisting the client with licensing issues, contract drafting, contract review, on-the-job disputes, or litigation, the firm’s construction attorneys have the knowledge and experience to aggressively pursue favorable outcomes
Mr. Barnier's clients include contractors, materials suppliers, equipment companies, architects, engineers and other businesses that interact with the construction industry. Mr. Barnier has practiced in construction law since taking his first attorney position in 1996, and enables him to effectively consult with clients regarding various goals that might be achieved in any situation. With substantial construction litigation experience, we are prepared to handle lawsuits and arbitrations from inception through trial. We pride ourselves on our efficiency, whether we are asked to become involved on one small issue or to pursue aggressive, “scorched earth” litigation efforts.
Mr. Barnier regularly presents seminars to large groups regarding mechanic’s liens, stop notices, bond claims, and the contracts, purchase orders, delivery tickets, and invoices that underlie all rights to payment. Mr. Barnier’s trademark “Top Ten Misconceptions About Mechanic’s Liens” seminar has been well received by various southern California construction groups. In 2003, the San Diego Daily Transcript retained Mr. Barnier to present a series of construction law lectures, and since then, Mr. Barnier has been presented to construction industry groups throughout California and to regional groups outside of California.
Mr. Barnier also consults with individual businesses on their collection practices, including contract language, the timing of invoices and demands for payment, and simple means of ensuring that mechanic’s lien, stop notice, and payment bond rights are preserved. Ideally, a client of the firm learns to perfect its own in-house collection strategies such that there is no need to retain an attorney to pursue collection.
For instances in which an attorney is necessary to pursue collection, Mr. Barnier is well-versed in making demands for payment and communicating with the parties that owe money to the client, to advise the client on its rights, and to pursue litigation. At all stages, the “bottom line” result is emphasized unless the client directs otherwise. When necessary, litigation is pursued aggressively but with the client remaining apprised of events as they occur and, perhaps more importantly, the events that the client can expect to occur in both the immediate and more distant future.
Construction Contract Litigation
Often, in the Construction industry, disputes arise as to contract interpretation. Whenever possible Mr. Barnier attempts to find quick, practical solutions that allow construction to continue. However when a accommodations can not be reached Mr. Barnier is available to advances the rights of his construction clients through the litigation process.
Mr. Barnier has significant experience defending contractors and other companies within the construction industry on construction defect claims. This experience has come in both the insurance context and in situations in which insurance not available. The firm’s attorneys also have substantial experience enforcing their client’s rights to insurance coverage for construction-related claims.
Legal issues within the construction industry are not limited to contracts, collections, performance, and defect allegations. The firm assists clients with licensing issues, bonding issues, and other issues that might arise. For issues unrelated to construction, our firm’s general experience prepares us to handle just about any issue that might arise for an individual or business. If a client has an issue that is outside of our expertise, we will be forthright in acknowledging this and will assist in locating the right attorney for the client.
Mr. Barnier's Representative Construction Law Seminars and Presentations:
“The Use Of Writings To Document Business Events” presented to the Mission Valley Corporate Connection (MVCC), San Diego, CA
“How To Avoid Attorneys’ Fees” presented to the Structural Roof Erectors Association (SREA), Phoenix, AZ
“The Top Ten Misconceptions About Mechanic’s Liens” presented to numerous audiences
“The Daily Transcript Summer Construction Law Seminar Series” presented through the Daily Transcript, San Diego, CA
“Mechanic’s Lien Law & Strategies In California” presented through National Business Institute (NBI), San Diego, CA
“California Construction Issues” presented through Lorman Education Services, San Diego, CA
“Construction Claims In California” presented through Lorman Education Services, San Diego, CA
“I met David Barnier in 1998 when he was just a young attorney and I retained him for help with a legal issue we were having in our construction business. In 1999 I created a construction website (TheContractorsGroup.com) designed to provide answers and information to construction contractors across the United States. David has been there from day one providing articles to my websites and giving of his time and expertise by answering, at no charge, questions that my readers submit through my "Ask Dave" webpage (at another website I have), regarding construction issues in California. He's like a walking library of legal information! He's helped my readers with various problems with their construction contracts as well as he's provided plenty of practical solutions to "on-the-job hassles". He's also been excellent with answering questions about technical issues such as deadlines and other rules associated with mechanic's liens, and other legalities affecting contractors and construction businesses. It's been 16 years since we first met and even though I've met a lot of attorneys through my business over the past 15 years I would still always recommend David over any other attorney for any construction-related legal issues you might have in California."