Construction & Renovation:

Question: What can I do if a contractor did incomplete or defective work, or if a property owner won’t pay for completed work, in Ontario?

Answer: In Ontario, these contractor-owner disputes often turn on the contract terms, proof of workmanship versus trade standards, project valuation, and clear documentation of payments, change orders, and deficiencies, so getting early guidance can help you set a strategy and avoid missteps before Small Claims Court or other steps.   Benchmark Legal Offices is a Paralegals and Lawyers’ Office to Serve You, offering practical, cost-conscious support for consumers across Ontario; call (289) 389-8840 to discuss your renovation or construction dispute and next steps.

Common Disputes Affecting Contractors

Court disputes between a property owner and a contractor hired for a construction or renovation project frequently arise.  In some courts, especially the Small Claims Court, cases involving contractors and homeowners are prevalent.  In such cases it is common that a property owner will accuse a contractor of poor quality work; and in turn, the contractor accuses the property owner of failure of payment.

Challenges

Construction law cases can be very challenging to litigate due to the extent of laws involves as well as the extent of evidence usually involved and the need for independent witnesses to inspect and provide expert reports as to what constitutes as proper workmanship and thus whether the trade standards or the contractual specifications for the project were met, valuation of the portion of work properly completed, among other things; and accordingly, even the seasoned legal professional may find construction law cases as burdensome to litigate.  These cases are often extra challenging and troublesome due to the conduct of the parties involved and breach of various legal duties occuring prior to the obtaining legal advice.

Furthermore, lawsuits involving construction or renovation projects commonly include legal issues that go beyond defective workmanship issues and may also include concerns such as unjust enrichment, consumer protection laws, failures to mitigate, among other concerns.