About Our Law Firm
What is Litigation?
Litigation, in its core essence, is a formal legal approach, often reserved for addressing more severe building disputes that fail to find resolution through preliminary negotiations or alternative methods. This process unfolds in a judicial setting, entrusting the final decision to a judge or jury. It’s a pathway often deemed necessary when other conciliatory measures fall short, requiring the gravity and formality of a courtroom. While litigation can provide a definitive resolution, it’s crucial to acknowledge its demands — both in terms of time and financial resources. Therefore, it’s prudent to either seek an expedient resolution to disputes or ready oneself for the rigours of defending one’s claims and enforcing rights within the court’s ambit.
When to Seek Litigation
Opting for litigation should be a calculated decision, typically considered as a final recourse. It’s paramount that all other avenues of dispute resolution have been thoroughly explored before progressing to court. This means you should have already attempted negotiation, mediation, conciliation, engaged in Fair Trading proceedings, or participated in tribunal hearings at the NCAT. Only when these measures fail to yield a resolution, and your dispute remains at a standstill, does litigation emerge as a potentially viable next step. It’s a path that underscores the seriousness of your intent to enforce your rights, reflecting the urgency and significance of the unresolved issues at hand.
Our Services
At Contracts Specialist, we’re dedicated to representing clients across all tribunals and courts within NSW, ensuring their voices are heard and their rights defended.
Building Dispute Lawyer
The complexities of building disputes can lead to significant stress and financial loss. Swift resolution is crucial to prevent these issues from escalating. Our building dispute lawyers specialise in resolving construction disagreements, providing robust representation for all parties involved. When disputes are beyond amicable resolution, litigation becomes an inevitable prospect.
The Litigation Process
Initial Client Consultation
Our process begins with an in-depth case investigation. Here, we scrutinise the specifics of your case to determine the viability of initiating or defending a lawsuit.
Pleadings
Our seasoned construction litigation lawyer, John Dela Cruz, will meticulously review all pertinent documents, laws, and precedents to craft compelling pleadings and papers.
Experts and Discovery
We engage with a spectrum of experts from fields relevant to your case, encompassing structural and electrical engineering, architecture, and more. This phase is pivotal for information exchange and strategy formulation.
Pre-trial
This stage involves a court review to confirm if the case is trial-ready. Compliance with prior orders, witness availability, and trial duration estimates are assessed to ensure a smooth court proceeding.
The Trial
The trial encompasses witness testimonies, evidence presentation, persuasive arguments, and rigorous cross-examinations, all woven together to construct a robust case.
Settlement and Appeal
Settlement discussions can transpire at any stage, offering an alternative to prolonged court battles. Conversely, if trial outcomes are unsatisfactory, we’re poised to evaluate and proceed with appeals, championing your cause every step of the way.
Meet Our Litigation Lawyer
At Contracts Specialist, you’re in capable hands with our principal lawyer, John Dela Cruz. Boasting over 13 years of dedicated experience in construction law, John is not just a lawyer; he’s an industry expert who brings a wealth of practical knowledge to the table.
His journey has seen him serve as legal counsel for a major international construction firm, take on the role of a Government Solicitor, and even lead as Divisional President of the Master Builders Association (NSW). He’s the mind behind Small Builders Building Software, a testament to his versatility and commitment to the construction industry.
From residential to commercial contracts, John’s expertise spans all facets of construction law. He’s your go-to professional for contract drafting and review, legal advice, and dispute resolution. Servicing Griffith and surrounding suburbs, John’s comprehensive understanding of state-specific construction laws means he’s well-equipped to handle legal matters across NSW, providing tailored, strategic guidance every step of the way.
Get Legal Advice
Embarking on litigation can be a daunting journey, often laden with both financial and emotional burdens. It’s a path traditionally reserved for when other dispute resolution avenues have reached a deadlock. Given the intricate complexities and potential costs involved, obtaining sound legal advice isn’t just recommended; it’s essential.
For Griffith and its neighbouring areas, our law firm, Contracts Specialist, stands ready to offer you this crucial guidance. We delve into the specifics of your unique situation, providing comprehensive advice tailored to your circumstances. By doing so, we empower you to make informed decisions, determining whether litigation is indeed the most suitable route for your case.
Remember, litigation isn’t a one-size-fits-all solution. Each case holds its unique intricacies, and our role is to navigate you through these, highlighting your options and forecasting potential outcomes. This proactive approach aims to equip you with the clarity and confidence needed to proceed, ensuring you’re not entering the legal battlefield unprepared or misguided.
Ready for Resolution? Your Next Move Matters
Griffith residents, it’s time to regain control in your building disputes. Contracts Specialist extends legal prowess to Griffith City, Griffith (East) – Collina, Griffith (Central) – South, and Griffith (North), providing strategic support in residential, commercial, and NCAT matters. Email john@contractsspecialist.com.au or call 02 8096 8576. Let’s construct the best solution together.
