About Our Law Firm
Contracts Specialist stands as a beacon of legal guidance in the realm of construction litigation, boasting extensive experience navigating the intricacies of NSW courts and tribunals. While we’re not physically located in Bathurst, our legal prowess extends to serving residents of Bathurst and the adjacent areas of Kelso (North) – Laffing Waters, Bathurst (Central). Our commitment is unwavering in providing bespoke legal counsel to homeowners, ensuring your voice is heard and your rights upheld. We’re adept in representing clients at the Fair Trading Office, the NSW Civil and Administrative Tribunal (NCAT), and all competent courts within NSW, always striving for outcomes that resonate with your legal needs.
What is Litigation?
Litigation is the legal pathway often tread when other dispute resolution methods falter, placing the decisive power in the hands of a judge and potentially a jury, within the formal environment of a courtroom. This process becomes a necessity in more severe building disputes, where initial negotiations or mediations have reached a stalemate. Engaging in litigation demands not only your time but also financial resources, making it imperative to approach disputes with strategic expediency. However, when push comes to shove, being prepared to staunchly defend your claims and assert your rights in court is crucial. This formal avenue, while challenging, ensures that every facet of the dispute is examined meticulously, providing a platform for justice and lawful resolution.
When to Seek Litigation
Building Dispute Lawyer
Building disputes can be a source of significant stress and financial strain. Swift resolution is key to preventing further complications. Our building dispute lawyers specialise in navigating construction disagreements, striving for amicable solutions. However, when disputes defy resolution, litigation becomes an inevitable prospect.
The Litigation Process
Initial Client Consultation
This stage, also known as the case investigation, is crucial. Here, your construction litigation lawyer delves into the specifics of your case, evaluating the feasibility of initiating or defending a lawsuit.
Our seasoned construction litigation lawyer, John Dela Cruz, meticulously reviews pertinent documents, laws, and jurisprudence, crafting the necessary pleadings and documents. His extensive experience with various strata and building disputes ensures our clients are positioned for the best possible outcomes.
Experts and Discovery
This phase involves gathering expert testimonies, consulting specialists from fields relevant to your case—ranging from structural engineers to roofing experts. This comprehensive approach ensures a robust case, prepared for the discovery stage where information exchange between parties occurs, setting the stage for the trial.
The pre-trial review is a critical juncture where the court assesses the readiness of the case for trial, ensuring compliance with previous orders, witness availability, and adherence to time estimates for various trial components.
The trial is the climax, encompassing witness testimonies, compelling arguments, evidence presentation, and strategic cross-examinations, all orchestrated to tilt the scales of justice in your favour.
Settlement and Appeal
Settlement discussions can transpire at any stage, offering a path to resolution outside the courtroom. Conversely, if trial outcomes don’t align with your interests, an appeal, guided by your solicitor’s counsel, might be the subsequent step.
Meet Our Litigation Lawyer
At the heart of Contracts Specialist is John Dela Cruz, our principal lawyer, whose expertise in construction law spans over 13 years. Specialising in construction contract reviews and legal advice, John’s services extend to homeowners and contractors for Bathurst, NSW, and beyond, even though he’s not based in these locations.
John’s journey through the legal landscape of construction is vast, having served as legal counsel for a top-tier construction firm and a Government Solicitor. His leadership was further demonstrated as the Divisional President of the Master Builders Association (NSW), and he’s the brain behind Small Builders Building Software.
His proficiency encompasses all facets of construction law, from residential to commercial contracts, and his insights into construction law are not just deep but also span across all Australian states. Whether it’s drafting, reviewing contracts, or explicating complex legalities in commercial and construction management contracts, John’s acumen ensures you’re legally fortified.