Introduction
Business owners, including private and public contractors, in need of legal representation in Los Angeles or southern California are well served by consulting with an experienced attorney early on. Commercial disputes are rarely straight forward. Even seemingly small matters have a way of becoming relatively complex. A seasoned lawyer will examine whether there are multiple bases for prosecuting or defending a given claim and will also consider the possibility of counter-claims and cross-claims. Contractors, subcontractors and small businesses also need an attorney who is familiar with alternative dispute resolution – i.e. arbitration or mediation – as ADR may be desirable or, in some contract disputes, may be required. The Law Offices of Ryan G. Richardson can help business owners navigate through these complicated and important decisions.

Our commercial and construction lawyers handle breach of contract, unfair competition, mechanics’ lien, stop notice, payment bond, and business tort law suits throughout the Los Angeles Area (including Pasadena, Santa Monica, Glendale, Hollywood, Beverly Hills, and Burbank) and greater southern California (including Orange County, Riverside, San Bernardino, and San Diego).

Private & Public Work
The California Constitution, Article 14, section 3 provides:

"Mechanics, persons furnishing materials, artisans, and laborers of every class, shall have a lien upon the property upon which they have bestowed labor or furnished material for the value of such labor done and material furnished; and the Legislature shall provide, by law, for the speedy and efficient enforcement of such liens."

The California legislature responded to this Constitutional mandate in several ways. Mechanics' lien, stop notice, and payment bond remedies allow contractors, subcontractors and suppliers to secure their claims on both public works and private works. In general, these remedies can be pursued in conjunction with a breach of contract law suit.

When utilized correctly, these security provisions virtually guarantee payment. In fact, they even allow successful claimants to recover attorneys’ fees and court costs. To perfect these rights, however, claimants must meet a series of procedural requirements and deadlines, and the courts require relatively strict compliance. Among the most important requirements is the filing of a 20-day preliminary notice (or 20-day prelim.)

The specific requirements can be found in California Civil Code Title 15 “Works of Improvement.” They are, by most accounts, detailed and complicated. We strongly advise contractors, subcontractors, and suppliers to consult an attorney whenever job rights are at risk and, ideally, to do so before work even begins.

Breach of Contract
Generally speaking, breach of contract occurs when a party to a contract fails to correctly, on time, or altogether. When the breach of contract is material, as opposed to immaterial or trivial, the aggrieved party has a cause of action. When suing for breach of contract, a party generally brings several other closely related claims for equitable relief, such as a claim for quantum meruit.

The first step in evaluating a breach of contract claim is to carefully review the contract itself (assuming the contract is written and not oral). Parties are sometimes tempted to focus on the specific term or provision which was breached. But other provisions are often equally important. Among the most important are arbitration clauses, liquidated damages clauses and attorneys’ fee clauses. Such provisions can greatly affect the value of the claim. Indeed, for small businesses, the ability to collect attorneys’ fees in many instances means the difference between filing a law suit and writing the claim off.

Unfair Competition & Business Tort
California’s unfair competition laws, specifically California Business and Professions code section 17200 et seq, prohibit unlawful, unfair and fraudulent business acts or practices, as well as deceptive or false advertising. Any person, firm, corporation or association damaged by such practices may seek an injunction as well as damages. California antitrust laws, such as the Cartwright Act, further protect commerce by prohibiting restraints on trade, monopolies, price-fixing, and price discrimination and also allow injured parties to seek damages.

Sometimes misconduct is much more personal and the offense directly harms a particular business, as opposed to harming the market as a whole. California’s statutory and common law scheme prohibit these types of business torts as well. Among the acts prohibited are defamation (libel or slander), tortious interference with contractual relationships or prospective business relationships, and misappropriation of trade secrets.

Although we are a Los Angeles based commercial litigation and employment law firm, our lawyers handle matters throughout greater southern California, including Orange County, Riverside County, San Bernardino County, and San Diego County. Work with the lawyer best suited to you, not closest to you. If you need a commercial lawyer or employment lawyer in Los Angeles or southern California, we are only a click or phone call away.