AREAS OF PRACTICE

Construction Law

 

We represent all participants in the construction process, including owners, developers, public agencies, architects, engineers, contractors, subcontractors, material suppliers, equipment suppliers, and sureties. We are involved in all areas of the construction process, from contract negotiation and administration to project close-out and post-completion litigation. This involves:

  • Licensing

  • Contract Negotiation and Drafting

  • Bidding Issues

  • Complex construction claims

  • Mechanic’s lien, stop notice, performance bond, payment bond, and Miller Act bond claims

  • Claims for delay, disruption, acceleration, interference, loss of productivity, extended performance, lost profits, changed conditions, liquidated damages, indirect costs, field overhead, home office overhead and related claims and damages

  • All forms of dispute resolution, including mediation, arbitration, mini-trials, trial, and appeal.

Mechanics Lien Law

 

The term “Mechanic’s Lien Law” can be confusing. In California, the term refers to the rights granted by the State of California to all individuals and companies, to collect money they are owed for the labor, materials, equipment and supplies they furnish to a construction project. It includes the actual Mechanic’s Lien recorded against a project, as well as Stop Payment Notice claims and Payment and Performance Bond claims. Payment Bond claims made on Federal works of improvement are also encompassed within this practice area.

The Law Office of James D. Lipschultz has 40 years of experience in representing general contractors, subcontractors, material suppliers, equipment rental companies and design professionals in enforcing their mechanic’s lien, stop payment notice and bond rights on construction projects throughout the State of California and on Federal projects across the Country. We also have extensive experience representing owners, developers, contractors and sureties in defending against these claims.

The laws governing mechanic’s lien rights vary from state to state and it is critical to your success that your attorney knows these laws. Mr. Lipschultz regularly gives seminars to his clients and others in the construction industry about the Mechanic’s Lien Law and how to use these laws to your advantage. Mr. Lipschultz also drafts and customizes the critical forms that are necessary for enforcement of Mechanic’s Lien rights, including the Preliminary Notice, the Notice of Completion, as well as the Mechanic’s Lien, Stop Payment Notice and Bond Claim forms.

Commercial Litigation

 

We are a full-service business litigation firm and are equipped to handle any business dispute. The firm has represented clients in litigation through trial and appeal, in numerous types of business disputes such as:

  • Breach of Contract

  • Collections and Creditors Rights

  • Writs of Attachment

  • Protective Orders

  • Injunctions

  • Creditors Rights in Bankruptcy

  • Judgment Liens

  • Foreclosures

  • Levies and Garnishments

  • Claims Arising Under the Uniform Commercial Code

  • Negligent and Intentional Torts

Business Law

 

We have a wealth of experience in drafting and negotiating various agreements, including:

  • Partnership and Joint Venture Agreements

  • Construction Contracts and Subcontracts

  • Credit and Purchase Order Agreements

  • Equipment Leases

On behalf of owners, developers, prime contractors and subcontractors, Jim Lipschultz regularly drafts and negotiates prime contracts, subcontracts, purchase orders, and design services agreements for commercial, residential and industrial projects, utilizing various types of project delivery methods, including design-build project delivery. Mr. Lipschultz’ litigation experience allows him to craft these agreements with an eye to keeping his clients out of the courtroom.