About Our Law Firm
What is Litigation?
Litigation is a formal legal process where the resolution of a dispute is determined by a judge, often with the assistance of a jury, in a court setting. It becomes a necessary avenue for resolving more serious building disputes, especially when initial negotiations or other forms of dispute resolution fail to yield results. Engaging in litigation can be both time-consuming and costly. Therefore, it’s crucial to either resolve the dispute expediently or be fully prepared to defend your claims and enforce your rights in court. Litigation serves as a last resort but a powerful tool for legal redress.
When to Seek Litigation
Building Dispute Lawyer
Building disputes can lead to stress and financial loss. Our building dispute lawyers are adept at resolving construction disagreements between various parties. When conflicts escalate beyond negotiation, litigation becomes a viable option. We aim to resolve these issues promptly to prevent further complications.
The Litigation Process
- Initial Client Consultation: This is the case investigation stage where the matter is thoroughly reviewed to determine the course of action—whether to file or defend a lawsuit.
- Pleadings: All relevant documents and laws are reviewed, and necessary pleadings are drafted.
- Experts and Discovery: Information is gathered from experts in fields like structural engineering, architecture, and more. Discovery procedures facilitate the exchange of information between parties.
- Pre-trial Review: The court assesses the readiness for trial, ensuring compliance with previous orders and checking witness availability.
- The Trial: This stage includes witness testimonies, evidence presentation, and cross-examinations.
- Settlement and Appeal: Settlement can occur at any stage, and appeals are considered if the trial outcome is not favourable.
Our principal construction litigation lawyer, John Dela Cruz, has extensive experience in handling various strata and building disputes, ensuring the best possible outcomes for our clients.
Meet Our Litigation Lawyer
At Contracts Specialist, our principal litigation lawyer, John Dela Cruz, brings over 13 years of specialised experience in construction law. He has served as legal counsel for a Dow 30 construction company and as a Government Solicitor. John has also held the position of Divisional President at the Master Builders Association (NSW) and is the founder of Small Builders Building Software. His expertise spans a wide range of construction contracts, including residential and commercial agreements. John is committed to providing tailored legal advice to homeowners and contractors for Liverpool and its surrounding suburbs.