Civil Litigation

A building dispute arises when a party to a construction contract fails, or is perceived to have failed, to comply with their legal or contractual obligations to a contracting party. Many domestic building disputes are resolved by the parties themselves, through negotiating an outcome that is satisfactory to each party. Construction is a big investment and building disputes that lead to court proceedings can be emotionally and financially draining to the parties involved. Getting the right legal advice early on ana managing building contract disputes efficiently can help minimise the impact they have on a construction company’s profitability and a homeowner’s construction goals. Nicholas James Lawyers can help you enforce and defend your legal and contractual rights. 

As soon as you know your company is likely to become insolvent you must take action in order to minimise the losses to creditors. Failing to do so can leave you open to personal liability for the company’s debts. Seeking professional insolvency advice will assist you to objectively assess the situation and obtain advice on your options. 

In most states in Australia, a debt can be recovered for up to 6 years after the debt first arose. If you have concerns whether your debt may be too old or is about to expire, contact Nicholas James Lawyers for specialised advice to determine whether your debt can still be pursued.

Generally, a business or individual will seek the assistance of a Lawyer after its own attempts to recover the debt have been unsuccessful. A lawyer can be engaged to place pressure on the debtor and in some circumstances, facilitate meaningful negotiations between the parties.  

Dispute Resolution involves individuals or businesses who are in dispute attempt to reach an agreement about how to resolve their dispute. Parties may resolve the dispute between themselves or seek assistance from an impartial person such as a Mediator. Types of Dispute Resolution are:

• Negotiation, which involves parties communicating directly or with the assistance of legal representation in an attempt to reach agreement.
• Mediation, which involves an impartial person (Mediator) to assist the parties to resolve their dispute.
• Facilitation, similar to Mediation but is used for groups that are in conflict, such as a Body Corporate.
• Conciliation, a process in which parties in a dispute attempt to reach an agreement with the assistance of an impartial person (Conciliator). The Conciliator usually has experience in the matter in dispute and can advise the parties of their rights and obligations.
• Arbitration, which is a formal process in which the parties in dispute present their case to an independent person (Arbitrator) and are bound by the Arbitrator’s decision.