About Our Law Firm
What is Litigation?
Litigation encompasses the legal proceedings initiated when amicable resolutions falter, necessitating a court’s intervention. It’s particularly pertinent for severe building disputes that withstand preliminary negotiations. While litigation can be time-consuming and costly, it’s crucial for enforcing one’s rights and seeking justice. Wisdom lies in swift dispute resolution or readiness to uphold your stance in court.
When to Seek Litigation
Opting for litigation should be a calculated decision, reserved for when all other avenues have proven futile. Before escalating to court, it’s imperative that all alternative dispute resolution methods, including negotiation, mediation, conciliation, Fair Trading proceedings, and tribunal hearings at the NCAT, have been exhausted. Only when these measures don’t yield resolution should litigation be considered as the subsequent course of action.
Building Dispute Lawyer
Building disputes not only trigger stress but can also lead to significant financial loss. Immediate resolution is crucial to forestall further complications. Our building dispute lawyers are adept at handling various construction disagreements, stepping in when parties are unable to resolve issues independently, potentially leading to litigation.
The Litigation Process
Initial Client Consultation: This stage, also known as the case investigation, involves a thorough review of the case by the construction litigation lawyer to decide the viability of filing or defending a lawsuit.
Pleadings: Our principal construction litigation lawyer, John Dela Cruz, applies his extensive experience with diverse strata and building disputes to review pertinent documents, laws, and jurisprudence, preparing necessary pleadings and documents.
Experts and Discovery: Involves consulting experts from fields relevant to the case, such as structural engineering, architecture, and more. This stage aims to gather comprehensive information while allowing both parties to understand the other’s stance, preventing future disputes.
Pre-trial: A procedural review ensuring both parties are prepared for trial, confirming compliance with previous court orders, witness availability, and trial time estimations.
The Trial: Encompasses witness testimonies, evidence-based arguments, cross-examinations, and more, all orchestrated to present a compelling case.
Settlement and Appeal: Settlements can be reached at any stage of the process. However, if trial outcomes are unsatisfactory, an appeal might be advisable, as guided by the building solicitor.
Meet Our Litigation Lawyer
At Contracts Specialist, John Dela Cruz isn’t just our Principal Lawyer; he’s an embodiment of legal acumen with over 13 years in construction law. His background features prestigious roles, including legal counsel for notable firms and a divisional presidency at the Master Builders Association (NSW), underscoring his comprehensive expertise.