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CalAttorney2, Attorney
Category: CA Real Estate
Satisfied Customers: 10244
Experience:  I have experience representing HOAs, homeowners, businesses, and other individuals in real estate matters.
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Following a shoddy job done by my contractor in renovating

Customer Question

Following a shoddy job done by my contractor in renovating my home, I have been in a lengthy negotiation. Both my contractor and myself each have an attorney. A couple of days ago, opposing counsel contacted my attorney to ask him if he would contact my
contractor/(opposing third party) to ask him if we could work out a settlement (a subject that I myself have never approached). What are my contractor's advantages in proceeding in this manner instead of opposing counsel directly contacting my attorney to
tell him that they are interested in reaching a settlement and they would like to know if I am too?
Submitted: 1 year ago.
Category: CA Real Estate
Expert:  CalAttorney2 replied 1 year ago.

Usually a party stops working through their attorney when they are trying to conserve money.

This can mean that you are getting close to a settlement point.

It can also mean that the other party may be running low on their "litigation reserve" for this particular matter (how much money they have identified as they are willing to put aside to fight over this dispute).

Working directly with the contractor can give your attorney some additional advantage in that the communications will not be "filtered" both information that he gets from the contractor (receptive) and the way in which he communicates your position to him (expressive). This can work to your advantage.

In and of itself it may not be a huge landmark, but in general, my experience has shown that cases that go in this direction generally settle more quickly afterwards.

If you are having trouble reaching a settlement after extensive discussions, speak with your attorney about possibly using a mediator - oftentimes using a third party neutral can help you break through an impasse.