About Our Law Firm
At Contracts Specialist, we specialise in resolving complex building disputes through litigation. While we’re not physically located in Hornsby, we are dedicated to serving homeowners of Hornsby and surrounding suburbs, including Cherrybrook, Beecroft – Cheltenham, Mount Colah – Mount Kuring-gai, and Thornleigh.
Our construction litigation lawyer has extensive experience navigating the intricacies of NSW courts and tribunals, including the Fair Trading Office, the NSW Civil and Administrative Tribunal (NCAT), and all relevant courts in NSW. With a commitment to tailored legal advice, we work diligently to secure satisfactory outcomes for your legal matters.
What is Litigation?
Litigation is a formal legal process in which the resolution of a dispute relies on the judgement of a jury and a presiding judge within a court setting.
In the context of building disputes, litigation is typically pursued when initial negotiations fail to yield a resolution. It becomes necessary for more complex and serious disputes that demand a formal legal framework.
Engaging in court proceedings can be both time-consuming and financially demanding. It necessitates a strategic approach to either swiftly resolve the dispute or to be prepared for a diligent defence of your claims and the enforcement of your legal rights within the courtroom.
When to Seek Litigation
Initiating litigation should be considered a final recourse in the pursuit of enforcing your rights. It is essential to explore all available legal avenues to resolve a dispute before resorting to court action.
If your matter remains unresolved despite attempts at alternative dispute resolution methods such as negotiation, mediation, conciliation, Fair Trading proceedings, or tribunal hearings at the NCAT, litigation may become a viable and necessary next step to secure a resolution.
Building Dispute Lawyer
Building disputes can be a source of stress and financial strain for property owners. It’s crucial to address these issues promptly to prevent further complications. Our team of building dispute lawyers specialises in resolving construction disagreements involving all parties. In cases where conflicts cannot be resolved through direct negotiation, litigation becomes a potential solution.
The Litigation Process
Initial Client Consultation
The initial client consultation, also known as the case investigation stage, involves a thorough review of the matter by our construction litigation lawyer. The primary goal is to assess the case’s merits and determine whether filing a lawsuit or defending against one is necessary.
During this stage, our construction litigation lawyer reviews pertinent documents, applicable laws, and jurisprudence. They draft necessary pleadings and documents accordingly. John Dela Cruz, our principal construction litigation lawyer at Contracts Specialist, boasts extensive experience in handling residential homeowner, builder, and contractor disputes, ensuring the best possible outcomes.
Experts and Discovery
This phase involves obtaining information from relevant experts. Specialists in fields such as structural engineering, electrical engineering, architecture, water envelope analysis, mould remediation, HVAC engineering, roofing, masonry, and construction sequencing may be consulted. Discovery procedures enable parties to exchange information and preempt potential issues.
A pre-trial review is a brief court session to determine the case’s readiness for trial. The court ensures prior orders and decisions have been adhered to, confirms trial timelines, and checks witness availability for cross-examination. The pre-trial review may set limits on time allocated for opening addresses, case presentation, and closing arguments. It typically occurs around four weeks before the trial date.
The trial phase encompasses witness testimonies, persuasive arguments based on presented evidence, opening and closing statements, cross-examination, and more.
Settlement and Appeal
Settlement, including negotiation and other dispute resolution methods, remains an option throughout the dispute resolution process. If the trial outcome is unfavourable, the building solicitor may recommend an appeal to challenge the decision.
Meet Our Litigation Lawyer
Introducing John Dela Cruz, our Principal Lawyer at Contracts Specialist. With over 13 years of experience as a distinguished construction law expert, John brings a wealth of knowledge to the table. His focus is on delivering exceptional construction contract review and advisory services to homeowners and contractors within the dynamic NSW construction industry.
John’s journey in construction law includes roles as legal counsel for a prominent Dow 30 construction company and as a Government Solicitor. He has also held the esteemed position of Divisional President at the Master Builders Association (NSW) and is the founder of Small Builders Building Software.
John’s expertise extends across the spectrum of construction law, encompassing the drafting and review of various construction contracts. Whether it’s residential contracts, commercial agreements, or subcontractor arrangements, John’s comprehensive understanding ensures that clients receive top-tier legal guidance. His profound knowledge of construction law spans every Australian state, allowing him to elucidate common legal intricacies related to commercial and construction management contracts.
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Empower Your Legal Position: Progress Towards Resolving Your Building Dispute
Contracts Specialist is here to assist residents of Hornsby, Cherrybrook, Beecroft – Cheltenham, Mount Colah – Mount Kuring-gai, Thornleigh, and the surrounding areas with residential and commercial building disputes, payment disputes, variations, NCAT proceedings, contract termination, and court litigation.
Our comprehensive construction law services ensure you receive expert guidance to confidently navigate your construction and building challenges. We provide the necessary documentation, representation in litigation, and dedicated support to defend and enforce your statutory and contractual rights. Together, we strive for the optimal resolution of your building issue.