Legal Question in Construction Law in California

Re: Pool Construction

Under certain circumstances, the California Contractors State License Board (�CSLB�) can offer arbitration to settle disputes between a contractor and a customer. If both parties agree to this procedure, then the arbitrator�s decision will be binding just as if the matter had been heard in court by a judge and jury. Therefore, the decision on whether or not to have an attorney is very important.

Whenever a client asks if they need an attorney, I like to use an analogy that we can all relate to: changing our own oil. Acting like your attorney is like trying to change your own oil. I took auto shop in high school and I can change my own oil. However, I can either spend half of my Saturday underneath my car or I can pay $20 to get someone else to do it and get a free car wash. Some people and can represent themselves appropriately and others should leave the lawyering to the lawyers.

In a CSLB arbitration proceeding, both parties have the right to be represented by legal counsel. However, the customer will have one advantage: an expert witness paid for by the State. While legal representation is not required, I strongly recommend that contractors avoid going it alone in CLSB-sponsored arbitration.

Re: Pool Construction

An incorporated business must be represented by counsel in superior court and in appellate proceedings. Other than that, I do not know of any proceedings, either trial or arbitration or other ADR, where an attorney is required by law or custom. It is often said, however, that a man who represents himself has a fool for a client.