Obviously, there are wonderful contractors out there who show up on time, properly train and supervise their people, work within the agreed upon budgets, and who ultimately complete their projects according to the specifications set by their clients—i.e., homeowners like you. You don’t hear as much about them, however, because more often than not, it’s the horror stories involving shoddy workmanship and crooked contractors that you hear about.

Unfortunately, if you’re reading this blog, there’s a good chance that you’re involved with a contractor who doesn’t fall into the “wonderful contractor” category, but rather has pushed you into a nightmarish hell that threatens to drain your energy, your wallet, and your sanity. Whatever the specific details surrounding your contractor dispute might be, you do have options. You can hold the contractor accountable; you can prevent the contractor from doing more damage; and you can end your nightmare.

While making a formal complaint to the Contractors State License Board and going after a contractor’s bond are good options, in my experience, they are often not enough by themselves. Rather, those options work best when they’re utilized as part of a wider action plan.

And that’s where a good attorney comes in.


Sometimes a well drafted demand letter from an experienced attorney is enough to resolve the problem. This is especially so when the demand letter is rich in facts (which is why it’s so important for homeowners to keep meticulous records/notes throughout the pendency of their projects) that are not subject to dispute—e.g., despite the contract calling for certain materials to be used, the contractor substituted cheaper materials and pocketed the difference; the contractor walked off the job before completing it; or the contractor’s work fell well below the normal standard of workmanship.

And, in certain cases, while a letter from an attorney alone might not be quite enough, informal dispute resolution, such as a mediation, is often successful as well. In fact, in a lot of situations where a letter wasn’t quite enough, having a mediator (typically a retired judge) tell the contractor how exposed he/she is often does the trick.

But, of course, sometimes there is no recourse other than to file a lawsuit, and there too, you want an experienced attorney.

Depending upon the relevant facts, you can sue contractors under a variety of legal theories, such as breach of contract, fraud, and negligent misrepresentation. And since the wise homeowner (especially one who has read my Guide to Contractor Disputes) made sure to include an attorneys’ fees provisions in the contract with their contractor, when they eventually win the lawsuit, the contractor will be liable not just for their damages, but also for their attorneys’ fees and costs.

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Want to End Your Contractor Nightmare?

Kushner Carlson Has Been Striking Fear In Dishonest Contractors for Over a Decade and Knows How to Nightmares Quickly.

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SERVICES


The horror stories that you’ve almost certainly heard about shoddy workmanship and crooked contractors are not entirely without a basis in fact. To say the least, disputes between homeowners and their contractors can cause all sorts of problems, and an unresolved contractor dispute can not only be a nightmare to work through, but it can even temporarily torpedo your property’s value. Ideally, the contractor you hire will perform according to a written agreement with you describing the scope of work to be performed on your property. However, it is not uncommon for contractor/homeowner relationships to go south. When such disputes arise, it is imperative that you act immediately to protect your rights.

Failure to Perform

Poor Workmanship

Faulty Materials

Property Damage

Unpermitted Work

Building Code Violations

Fraud

Misrepresentation

Illegal Mechanics Liens

TESTIMONIALS


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ABOUT US


Kushner Carlson is proud to offer our clients a dynamic and effective legal team with top academic and professional credentials. Our attorneys have extensive experience in contractor disputes involving residential and commercial properties throughout California. In addition to having a hard-earned reputation for being strategically aggressive during the pendency of our litigation cases, our lawyers are also well known for their superior writing and innovative, client-centered approach. In short, the trial attorneys at Kushner Carlson excel because they are among the best at what they do. It really is that simple.

OUR TEAM


DOMINIC M. CARUCCI

Partner

Paul Deese

Partner

Audrey Smith

Partner

Divya Bhavsar

Associate

James Calkins

Associate

Sara Etemadi

Associate

William Bergeron

Associate

Ryan Davies

Associate

Shelby Daws

Associate

James Decker

Associate

Ramy Galal

Associate

Kyle Kasparek

Associate

Shane Micheil

Associate

Kirk Pearson

Associate

Griffin Schindler

Associate

Phong Tran

Associate

Justin Walley

Associate

Chris Xouleis

Associate

Alexandria Zuccolotto

Associate

OUR FOUNDERS


Michael Kushner was born and raised in Long Beach, California. He obtained his undergraduate degree from UC Berkeley, where he was inducted into Phi Beta Kappa during his third year and graduated with Highest Distinction the following year. Mr. Kushner then attended law school at UCLA. After moving to Orange County, Mr. Kushner honed his skills at two prestigious law firms before striking out on his own. From there, Mr. Kushner quickly earned a reputation as a formidable and skilled trial and transactional lawyer in the areas of business and real estate law, as well as an entertaining and informative lecturer on various trending topics.

Raised in Florida, where he began surfing competitively at a young age, Luke Carlson moved to California to obtain his education at Chapman University, where he graduated with honors. Prior to Mr. Carlson’s graduation from law school in 2009, he began working at Mr. Kushner’s law firm, where Mr. Carlson demonstrated not only a remarkable degree of business acumen, but also vast knowledge and expertise in the action sports industry. Mr. Kushner and Mr. Carlson complemented each other’s skills so well, that they decided to team up to form Kushner Carlson.

Since then, Kushner Carlson has grown at an impressive pace, transforming itself from a boutique law firm to a mid-sized powerhouse staffed with the industry’s sharpest legal minds. Today, the Kushner Carlson brand is synonymous with strategically aggressive representation and pioneering innovative legal technology.

And we’re just getting started.

CONTACT


ADDRESS

85 Enterprise, Suite 310
Aliso Viejo, CA 92656

PHONE

949.421.3030

KUSHNER CARLSON

85 Enterprise, Suite 310, Aliso Viejo, CA

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