Owner, contractor and subcontractor claims, oh my!
Owners make claims all that time. Typically it falls into two categories – the project was delayed or the work by the contractor is defective. Owners, and parties to every contract, need to remember the absolute obligation to mitigate all claims. You can’t just sit back and watch the project get messed up and then file a big claim at the end of the day. There is an equitable obligation to mitigate if there are delays and anything can be done to reduce the delay, moderate the delay, if there’s defective work that can be either replaced or slightly modified and accepted, arguably there is an obligation to try to mitigate the impact of the defective work, even knowing that it’s defective.
Larry P. Lubka
Hunt Ortmann Palffy Nieves Darling & Mah, Inc.
- Senior counsel at the law firm of Hunt Ortmann Palffy Nieves Darling & Mah, Inc. in Pasadena
- 35 plus years of experience in complex contracts, including commercial contracts, UCC agreements, and state, local, and federal government contracts
- Has given several hundred seminars on construction law across the country
- Has been a Best Lawyer, Super Lawyer, and Top Lawyer for over a decade
- Co-wrote sections of California Construction Law, wrote scores of articles, including articles in the Constructor
- Publishes regular articles on the Lubka & White website
- Member of the California Bar and several Federal courts
- J.D. degree, with honors, George Washington University Law Center; B.A. degree, Columbia University
- Can be contacted at [email protected] or Hunt Ortmann Palffy Nieves Darling & Mah, Inc. 301 N. Lake Avenue, 7th Floor, Pasadena, CA 91101, or 626-440-5200
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