About Our Law Firm
Contracts Specialist is a distinguished law firm with a strong focus on addressing building disputes through litigation for Sydney. Our construction litigation lawyer is well-versed with the intricacies of NSW courts and tribunals, ensuring clients are adeptly guided through the necessary legal processes. We offer tailored legal advice to homeowners for Sydney and its surrounding suburbs, including Waterloo – Zetland, Surry Hills, Redfern, Pyrmont, and Glebe. Whether you need representation at the Fair Trading Office, the NSW Civil and Administrative Tribunal (NCAT), or any NSW courts, our commitment is to leverage our expertise for a favourable resolution to your case.
What is Litigation?
Litigation refers to a formal legal process where disputes are resolved under the scrutiny of a judge and, if applicable, a jury, within a court setting. It often becomes the chosen path for more severe building disputes, especially when initial negotiations falter and a more structured environment is required. Engaging in litigation can be both time-consuming and costly. It’s imperative for individuals to either seek early resolution or be fully equipped to assert their claims and uphold their rights in the courtroom. In the context of building disputes in Sydney and its surrounding suburbs, understanding litigation’s nuances is crucial.
When to Seek Litigation
Building Dispute Lawyer
The Litigation Process
1. Initial Client Consultation:
This stage, also known as the case investigation, involves a thorough review of the case by our construction litigation lawyer. The primary objective is to assess the situation and decide on either filing a lawsuit or preparing a defence against a potential lawsuit.
Our construction litigation lawyer meticulously examines all pertinent documents, laws, and jurisprudence. Based on this, the necessary pleadings and documents are drafted. John Dela Cruz, Contracts Specialist’s principal construction litigation lawyer, has extensive experience with various strata and building disputes. He assists clients in achieving optimal outcomes for their disputes.
3. Experts and Discovery:
This phase encompasses expert statements, with our litigation lawyer seeking vital information from them. Experts from diverse fields, such as structural engineers, architects, and construction sequencing experts, may be consulted. The primary aim of discovery procedures is to facilitate information exchange between parties and preempt potential issues.
4. Pre-trial Review:
A pre-trial review is a concise court attendance to determine trial readiness. The court ensures compliance with previous orders, verifies trial time estimates, and checks witness availability. The pre-trial review is scheduled approximately four weeks before the trial date.
5. The Trial:
This stage encompasses witness testimonies, evidence-based arguments, opening and closing statements, cross-examinations, and more.
6. Settlement and Appeal:
Settlement, encompassing negotiation and other dispute resolution methods, can transpire at any stage of the process. Conversely, if the trial’s outcome is unsatisfactory, our building solicitor might recommend an appeal.
Meet Our Litigation Lawyer
At Contracts Specialist, our lead Litigation Lawyer, John Dela Cruz, boasts over 13 years of in-depth experience in construction law. John’s illustrious career includes roles as legal counsel for a prominent Dow 30 construction firm and as a Government Solicitor. He has also held the esteemed position of Divisional President at the Master Builders Association (NSW) and is the visionary behind Small Builders Building Software. John’s prowess extends to drafting and reviewing a myriad of construction contracts, from residential to commercial agreements. His profound understanding of construction law spans across all Australian states, making him a trusted advisor on commercial and construction management contract legalities.