About Our Law Firm
Contracts Specialist stands as a beacon of legal excellence in construction litigation, proficiently navigating NSW courts and tribunals. Though not based in Central Coast, we’re committed to its residents and nearby areas, including Avoca Beach, Picketts Valley, Copacabana, MacMasters Beach, Bateau Bay, and Berkeley Vale – Chittaway Bay – Glenning Valley, offering bespoke legal solutions. Our acumen ensures your legal journey is both strategic and effective.
What is Litigation?
Litigation encompasses the legal proceedings initiated when amicable resolutions fail, necessitating a court’s intervention. It’s a pathway often reserved for complex building disputes, demanding the attention of a judge and potentially a jury. While litigation can be time-consuming and costly, it’s sometimes the only avenue to justly resolve serious issues and uphold one’s rights within the legal framework.
When to Seek Litigation
Opting for litigation should be a calculated decision, made only after all other dispute resolution methods have proven ineffective. If negotiations, mediation, conciliation, Fair Trading processes, or tribunal hearings at NCAT haven’t yielded a resolution, litigation emerges as the subsequent, decisive step. It’s a path taken when all avenues have been explored and the quest for justice remains unfulfilled.
Our Services
Building Dispute Lawyer
Building disputes not only trigger stress but can also lead to significant financial loss. Immediate resolution is crucial to prevent escalation. Our building dispute lawyers are adept at handling various construction disagreements. When disputes transcend the resolution capacity of the involved parties, litigation becomes an inevitable prospect.
The Litigation Process
Initial Client Consultation
Here, the case undergoes thorough review and analysis to determine the feasibility of filing or defending a lawsuit.
Pleadings
Our principal lawyer, John Dela Cruz, applies his extensive experience in strata and building disputes to meticulously review pertinent documents and laws, preparing the necessary pleadings.
Experts and Discovery
This phase involves collating expert statements and conducting interviews with professionals from relevant fields—ranging from structural engineers to construction sequencing experts—depending on the case’s intricacies. Subsequently, a discovery procedure allows both parties to unveil their respective stances, promoting transparency and preempting issues.
Pre-trial
This brief court session assesses the case’s readiness for trial, ensuring compliance with previous orders, witness availability, and adherence to time estimates. The court also sets parameters for various trial segments.
The Trial
This pivotal stage encompasses witness testimonies, evidence-based arguments, and procedural formalities, all converging to construct a compelling narrative for the case.
Settlement and Appeal
Settlement discussions can transpire at any juncture during the litigation process. Conversely, if the trial’s outcome doesn’t align with a client’s interests, an appeal might be the subsequent step, guided by the solicitor’s counsel.
