About Our Law Firm
What is Litigation?
Litigation is a formal legal process where disputes are resolved under the judgement of a jury and judge within a court setting. Specifically in the realm of building disputes, litigation becomes the chosen path when initial negotiations falter, necessitating a more structured environment like a court. While it offers a definitive resolution, court proceedings can be both time-consuming and costly. It’s imperative for individuals to either seek early resolution or be fully equipped to assert and protect their rights in court.
When to Seek Litigation
Building Dispute Lawyer
Building disputes can be a source of significant stress and financial strain. Addressing these disputes promptly is crucial to prevent further complications. Our building dispute lawyers are adept at handling various construction disagreements, ensuring that all parties involved reach a fair resolution. When conflicts cannot be settled amicably, litigation becomes a potential pathway.
The Litigation Process
- Initial Client Consultation: This stage, also known as the case investigation, involves a thorough review of the case by our construction litigation lawyer. The objective is to assess the situation and decide on the subsequent steps, be it filing a lawsuit or defending against one.
- Pleadings: Our principal construction litigation lawyer, John Dela Cruz, with his vast experience in handling strata and building disputes, reviews all pertinent documents and drafts the necessary pleadings.
- Experts and Discovery: Expert statements are gathered, and professionals from various fields, such as structural engineers and architects, may be consulted. This stage ensures that all parties are well-informed and prepared for the trial.
- Pre-trial Review: A brief court attendance to ascertain if the case is trial-ready. The court evaluates compliance with previous orders, witness availability, and other trial-related aspects.
- The Trial: This phase encompasses witness testimonies, evidence presentation, cross-examinations, and more.
- Settlement and Appeal: Settlement can occur at any stage of the process. If the trial outcome is not favourable, an appeal might be considered based on the lawyer’s recommendation.
Meet Our Litigation Lawyer
At Contracts Specialist, we take pride in having John Dela Cruz as our leading litigation lawyer. With over 13 years of dedicated experience in construction law, John stands out as an industry expert for Inner West and its surrounding suburbs. His vast experience spans roles as legal counsel for a prominent Dow 30 construction company, a Government Solicitor, and even as the Divisional President of the Master Builders Association (NSW). John’s proficiency encompasses drafting and reviewing a myriad of construction contracts, from residential to commercial. His deep understanding of construction law across Australia ensures that our clients receive unparalleled legal guidance.