Why You Need a Construction Lawyer
Often, a construction plan does not pan out as accurately and flawlessly as expected. There are several conflicts that may come up during the building process. When it comes to such situations, you will need a construction litigation lawyer. A construction litigation lawyer is responsible for providing dispute resolution solutions to parties involved in construction dispute. These parties include builders, contractors, sub-contractors, homeowners, and other stakeholders who may have disagreements or have failed to comply with the construction contract.
In some cases, legal action is necessary in order to resolve building disputes. A good construction litigation lawyer should be knowledgeable in this area of law and be able to effectively represent their clients.
Building Dispute Lawyers
Building disputes can cause a lot of stress for the homeowner. This is especially true if they’re not able to resolve the conflict themselves. They may also experience a loss of money if the dispute is not resolved quickly.
It is therefore recommended that homeowners take action immediately to prevent any further critical issues from happening. Building dispute lawyers can help homeowners with any construction disagreements. In most instances, if the conflict cannot be resolved by the parties themselves, the dispute can escalate into litigation.
Stages of Building and Construction Litigation Process
The litigation process has several phases. The more precise descriptions of stages under litigation are the following:
The initial client consultation is also called the case investigation stage. At this first stage, the matter is studied and reviewed by the construction litigation lawyer. The main purpose of this is to identify whether the evidence is sufficient or not to file a lawsuit or defend a possible lawsuit.
During this stage, the lawyer will interview the client and review all relevant documents related to the matter. The goal is to get a clear understanding of what happened, assess the damage, and determine if there is a valid legal claim. If there is, the next step is to file a lawsuit.
In the pleadings stage, the construction litigation lawyer will draft pleadings based on the nature of the case. They will review all significant documents and call upon applicable laws to secure a satisfactory resolution of the client’s matter.
John Dela Cruz, a construction litigation lawyer, has been working with all sorts of building disputes for residential homeowners, builders, and contractors. He helps his clients arrive at the best outcome for their legal issue.
The discovery process is when parties exchange information that may be relevant to a current or future lawsuit. This includes both oral statements and written documents such as contracts, emails, memos, texts, pictures etc., which all need to be organized according to relevance before being turned over for review.
During this stage, the construction litigation lawyer may request interviews with experts. The expert testimony may be submitted in writing and reviewed by opposing counsel as well as litigants.
Experts are an important part of any case because their knowledge provides valuable insight into what happened during the event under investigation - whether it's an injury claim or a complex construction-related dispute involving design defects or substandard materials.
The preliminary trial is a formal process where each side presents their case and evidence to a neutral party. The purpose is to determine whether or not there is enough evidence for the case to move forward.
This stage can be costly and time-consuming, so it's important to have an experienced construction lawyer representing and protecting your interests.
The trial is the stage where both parties will present their cases and arguments before a judge or jury. The trial stage is very important, as it will determine who wins the case. A good construction litigation lawyer will be able to make persuasive arguments and present strong evidence that would favour their client's case.
The settlement stage is the final stage of the litigation process. In this stage, the parties will negotiate and choose dispute resolution alternatives. If the result of the trial is not favorable to one other party, their building solicitor may recommend an appeal.
Top 3 Common Construction Issues
- Construction defects
- Construction delays
- Construction workarounds
2. Construction delays refer to the time overrun either beyond completion date, or beyond the date that the parties agreed upon. Delays can result from a variety of factors such as bad weather, strikes, or unexpected problems with the site. There are also damages from delays including the loss of productivity, loss of profit, increased cost and expenses, increased home office overhead, and acceleration damage.
3. Changes or variations are a type of construction workaround that a construction solicitor often handles. These changes may be anything from the design of the project to the cost of the project. Construction solicitors can help with negotiating these changes and ensuring that they are carried out in a timely and effective manner.
How Construction Lawyer Brisbane Can Help
Construction Lawyer Brisbane can help you resolve construction legal matters including, but not limited to: contracts, Security of Payment, residential and commercial building disputes, payment disputes and variations, contract termination, dispute resolution, QCAT (Queensland Civil and Administrative Tribunal) proceedings, and court litigation.
