Legal Question in Construction Law in California

Construction on Retail Center

I lease a restaurant space in a retail center in CA that has been under construction for 10 months that has destroyed my business. A few things directly effected have been: signage, parking, patio dining, at times cannot operate (no water), interior rain damage, etc. My lease is very vague as it pertains to landlords construction. What responsibilities does the landlord and/or contractor have?


Asked on 12/30/08, 5:57 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Construction on Retail Center

Your lease is supposed to cover all those questions and issues. Most commercial leases are 20-30 pages long with all that spelled out in detail. If yours doesn't, it was poorly drafted, and you'll end up arguing [litigating] what rights and remedies you MAY have. I'd be happy to help you review the lease, and discuss your rights, remedies, risks, rewards, and costs to be expected.

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Answered on 12/30/08, 6:01 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Construction on Retail Center

Sounds like there may be some fraud or misrepresentation by your landlord. Your lanldlord had a duty to disclose to you the potential for construction near the building and the interference it could cause. Unless the lease specifies otherwise, it would be implied that your landlord would have to not only give you a building, but a building where you would be able to conduct business.

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Answered on 12/30/08, 6:15 pm
George Moschopoulos The Law Office of George Moschopoulos

Re: Construction on Retail Center

Your lease and the terms contained in it are important, but not the only things to consider. As a general rule in construction law, people in your situation are not entitled to recover for their economic losses unless certain criteria are met.

If you are serious about representation, feel free to contact us.

George M.

www.SoCalConstructionLaw.com

P. 714.904.1669

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Answered on 12/31/08, 10:50 pm


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