Everything to Know About Taking a Construction Law Case to Court

The first thing to consider is the nature of the case being taken to court. Cases worth average amounts of money are tried in local courts. If the situation entails a lot of money, it will be allocated to the High Court. Some cases are minor; a judge can just arbitrate the dispute. Not all cases need to go to court. Some can just be settled outside by the parties involved. It is highly advisable for an individual to resolve the issue before proceeding to court.

If it is necessary to go to court, the first step is filing appropriate forms. While this ongoing, the plaintiff needs to liaise with his or her lawyer. Cases involving construction claims are complex. It would be unwise for a plaintiff to decline representation. As an individual files or sends the forms, a court fee is applicable. The cost may be determined by the worth of the case.

After the court has received the forms, it sends a copy to the defendant. The court may also ask for more information, which it deems necessary for the case. Defendants are always given a grace period to respond to the claims put against them. Later, a date for the hearing is set, and further instruction will be given.
Some defendants do not respond after they have been given the forms. If such a situation happens, the plaintiff may request the judge to rule in his or her favor. The response from the defendant should not surpass three months.

Before the date of hearing, both parties are expected to prepare sufficiently. For example, both parties must prepare their witnesses and ensure they will attend the court hearing. The judge may also ask for more information from the defendant and the overall case. During the hearing, both parties are allowed to make their presentation. Anyone can attend the court hearing and witness its decision. However, it is highly unlikely for the judge to make a ruling the same day.

In case the judgment is not favorable to the plaintiff, he or she is allowed to appeal. The court will grant permission to appeal, and such cases are handled at the Court of Appeal. Not all cases are allowed to appeal. The plaintiff has to give reasons for appealing.

The court process may be lengthy and complicated, but the court staffs always offer guidance. They may not give legal advice, but they will explain the process. Ligation processes are technical and anyone in the construction industry ought to have legal counsel.

Lawyers understand the law and contexts of legal situations. They will advise the best approaches to take. Another important thing to know is that court cases are expensive, especially when paying for representation.

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