About Our Law Firm
At Contracts Specialist, we specialise in resolving building disputes through litigation. Our dedicated construction litigation lawyer is well-versed in the intricacies of NSW courts and tribunals. Whether it’s the Fair Trading Office, the NSW Civil and Administrative Tribunal (NCAT), or any court in NSW, we have the know-how to guide you.
We pride ourselves on tailoring our legal expertise to your unique situation, ensuring the most favourable outcome. While we are located elsewhere, we’re committed to serving homeowners in Parkes and its surrounding suburbs—Parkes – Urban, Parkes – Rural, Peak Hill and District, Tullamore – Trundle and District—providing tailored legal advice to address your specific needs.
What is Litigation?
Litigation, in the realm of legal proceedings, places the resolution of disputes firmly within the hands of a judge and, at times, a jury, conducted within the formal setting of a courtroom.
This avenue is typically reserved for the more complex and contentious building disputes, where initial negotiations prove unfruitful. When faced with litigation, it’s important to recognize that court cases can be both time-consuming and financially demanding. Therefore, a strategic approach is crucial—either seeking early resolution or being prepared to assert your claims and protect your rights within the legal confines of the courtroom.
When to Seek Litigation
Initiating litigation should be considered a last recourse, a step taken only when all other avenues for resolving a dispute have been explored exhaustively.
Prior to contemplating a court case, you should have diligently pursued various alternative dispute resolution methods, including negotiation, mediation, conciliation, Fair Trading proceedings, and tribunal hearings at the NCAT. If, despite your efforts, your matter remains unresolved, litigation becomes a potential course of action worth considering.
Building Dispute Lawyer
Building disputes can bring about substantial stress and financial loss for property owners. Swift resolution is often essential to prevent further complications. Our experienced building dispute lawyers specialise in resolving construction disagreements among involved parties. In cases where parties cannot amicably resolve the conflict, the prospect of litigation becomes a consideration.
The Litigation Process
Initial Client Consultation
The initial client consultation, often referred to as the case investigation stage, is a critical first step. Here, our construction litigation lawyer meticulously reviews and studies the case to determine the necessity of filing a lawsuit or defending against one.
During this phase, our construction litigation lawyer meticulously examines relevant documents and pertinent laws, crafting necessary pleadings accordingly. John Dela Cruz, Contracts Specialist’s principal construction litigation lawyer, brings extensive experience in strata and building disputes, assisting residential homeowners, builders, and contractors to secure favourable outcomes in building and construction disputes.
Experts and Discovery
This stage involves consultations with experts from various fields related to the dispute, such as structural engineers, architects, and more. The litigation lawyer seeks relevant information and may request interviews with these experts. Discovery procedures aim to facilitate the exchange of information and prevent potential issues.
A pre-trial review ensures that the case is ready to proceed to trial. The court assesses compliance with previous orders or decisions, estimates trial duration, and verifies witness availability for cross-examination. The court may also set time limits for opening addresses, case presentations, and closing statements. The pre-trial review typically occurs about four weeks before the trial date.
The trial stage 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 as an alternative course of action.
Meet Our Litigation Lawyer
At Contracts Specialist, our Principal Lawyer, John Dela Cruz, stands as a seasoned and highly qualified expert in construction law, boasting over 13 years of industry experience. His specialisation lies in offering meticulous construction contract review and advisory services to both homeowners and contractors within the NSW construction landscape.
John’s impressive career in construction law encompasses roles as legal counsel for a prominent Dow 30 construction firm and as a Government Solicitor. Furthermore, he has held the esteemed position of Divisional President at the Master Builders Association (NSW) and played a pivotal role in founding Small Builders Building Software.
With a comprehensive grasp of construction law, John excels in drafting and reviewing various construction contracts, including residential, commercial, and subcontractor agreements. His profound knowledge extends across all Australian states, and he excels in clarifying common legal intricacies tied to commercial and construction management contracts.
Get Legal Advice
Why Get Legal Advice?
Litigation can be a costly and time-intensive process, often necessitating the exploration of non-adversarial dispute resolution methods before considering court action. Seeking legal advice is strongly recommended to gain a comprehensive understanding of your situation. It enables you to make informed decisions regarding whether litigation represents the most suitable course of action for your unique circumstances.
Empower Your Resolution: Navigate Building Disputes Effectively
Contracts Specialist is your trusted partner in Parkes, Parkes – Urban, Parkes – Rural, Peak Hill and District, Tullamore – Trundle and District. We offer expert assistance in residential and commercial building disputes, payment conflicts, variations, NCAT proceedings, contract termination, and court litigation.
Rely on us for precise guidance and representation in construction law matters. Our tailored services are designed to efficiently resolve your construction and building challenges.
Count on Contracts Specialist to prepare essential documents and advocate for your statutory and contractual rights. Together, we strive for the optimal resolution of your building issues.