Legal Question in Construction Law in California

Re: landscape

If you live in California, then you FIRST contact the Contractors State License Board and file a complaint against the contractor. (Presumably, you hired a licensed contractor.) The CSLB will get the proverbial ball rolling; though it's not the fastest process. Nevertheless, if you keep prodding, the CSLB will likely assign an investigator and hopefully, a field inspection will be done and the CSLB will issue a written finding. Ideally, the CSLB inspector will find that your contractor was negligent. This finding can then be used against the contractor.

At that point, the contractor can take care of things through the CSLB, or you can choose to take the next step . . .

WHICH is to file a lawsuit against the contractor for all damages flowing from the contractor's negligence. If the contractor has insurance to cover this type of claim, then you will then do battle with attorneys hired by the contractor's insurance company. If the contractor does not have insurance, you will either deal with him directly or his attorneys (assuming he hires attorneys to defend him). Either way, you will need to prove that the contractor performed in a way that fell below the established standard of care for contractors in this field. To do this, you must hire an expert witness in this area.

It tends to get complicated; and you may find that it makes more sense to hire a lawyer to deal with the matter. There are attorneys who handle such cases on a contingency. This firm sues contractors on a regular basis, generally on a contingency, provided that the damages make sense for such an arrangement.

Re: landscape

I think Mr. Guerrini has a good approach. If the process is too slow, another possibility is to look for and retain your own experts, who could become expert witnesses if a trial or arbitration results. With regard to the trees, try a registered arborist, preferably one with forensic (testifying) experience. The arborist might be able to recommend someone to testify about the irrigation system. There are experts available for hire on every conceivable area of knowledge. They can be expensive, but may also be necessary to prove incompetence or negligence.