About Our Law Firm
Contracts Specialist stands as a beacon of expertise in construction litigation, deeply rooted in the legal intricacies of NSW. While we may not be physically located in Newcastle, our commitment to the residents of Newcastle and its surrounding suburbs, including Fletcher-Minmi, Hamilton South – Hamilton East, Lambton, Maryland, and New Lambton, remains unwavering. We adeptly represent and guide homeowners through the maze of legal processes at the Fair Trading Office, the NSW Civil and Administrative Tribunal (NCAT), and all courts of competent jurisdiction in NSW. Our tailored legal advice ensures that your interests are always at the forefront, aiming for the most favourable outcome.
What is Litigation?
Litigation is a formal legal process where disputes are resolved under the scrutiny of a judge and, if necessary, a jury, within a courtroom setting. Often seen as a recourse for more severe building disputes, litigation comes into play when initial negotiations falter, necessitating a more structured environment like a court. Engaging in litigation can be both time-consuming and costly. It’s imperative to either seek early resolution or be resolutely prepared to defend your claims and assert your rights in the courtroom.
When to Seek Litigation
Turning to litigation should be approached with caution, often viewed as the final step in the dispute resolution process. Before considering court proceedings, it’s essential to have explored and exhausted all other legal avenues to resolve the disagreement. If your dispute remains unresolved even after engaging in alternative methods like negotiation, mediation, conciliation, Fair Trading procedures, or tribunal hearings at the NCAT, then it might be time to consider litigation. It’s a step that underscores the seriousness of the matter and the commitment to ensuring that rights are upheld and justice is served.
Building Dispute Lawyer
Building disputes can be a significant source of stress and financial strain. Addressing these disputes promptly is crucial to prevent further complications. Our building dispute lawyers are adept at handling a myriad of construction disagreements, ensuring that all parties reach a fair resolution. When conflicts escalate beyond amicable solutions, litigation becomes a potential avenue.
The Litigation Process
- Initial Client Consultation: This stage, also known as the case investigation, involves a thorough review of the case to determine the viability of filing or defending a lawsuit.
- Pleadings: Our principal construction litigation lawyer, John Dela Cruz, reviews all pertinent documents and drafts the necessary pleadings, leveraging his extensive experience in strata and building disputes.
- Experts and Discovery: We consult experts from various fields, such as structural engineers and architects, to gather relevant insights. This stage also involves the exchange of information between parties to ensure transparency.
- Pre-trial Review: This is a preliminary court attendance to ascertain if the case is trial-ready. The court evaluates compliance with previous orders, witness availability, and other trial prerequisites.
- The Trial: This pivotal stage encompasses witness testimonies, evidence presentation, cross-examinations, and more.
- Settlement and Appeal: Settlement can transpire at any stage, while appeals are considered if the trial outcome is not in the client’s favour.
Meet Our Litigation Lawyer
At Contracts Specialist, we take pride in our lead litigation lawyer, John Dela Cruz. With over 13 years of dedicated experience in construction law, John stands as a beacon of expertise in the field. His journey includes roles as legal counsel for a prominent Dow 30 construction company, a Government Solicitor, and the esteemed position of Divisional President at the Master Builders Association (NSW). Beyond these roles, he’s the visionary behind Small Builders Building Software. John’s prowess spans drafting and reviewing diverse construction contracts, from residential to commercial. His deep understanding of construction law across Australia ensures that clients receive unparalleled advice and representation.
Get Legal Advice
Navigating the complexities of litigation can be daunting, both in time and finances. Before diving into this formal process, it’s essential to explore non-adversarial resolutions. We strongly recommend seeking legal counsel to understand your situation better and determine if litigation is the right path for your unique circumstances.
Taking Action for Your Building Rights
While Contracts Specialists may not be physically located in Newcastle and its surrounding suburbs like Fletcher-Minmi, Hamilton South – Hamilton East, Lambton, Maryland, and New Lambton, our legal expertise covers these areas. We specialise in residential and commercial building disputes, payment issues, and NCAT proceedings. Trust in our dedicated construction law services to guide and represent you. Let’s collaboratively find the best solution for your construction concerns. Reach out now.