Construction & Renovation:

Question: What disputes in Ontario small claims court commonly come up between property owners and contractors?

Answer: In Ontario small claims court, common contractor-versus-property-owner disputes include alleged defective or incomplete workmanship and, in response, claims for unpaid amounts (including amounts tied to partially completed work).   Many cases hinge on the evidence needed to prove what workmanship met the contract or workmanship standards, sometimes requiring an independent inspection report, and disputes can also involve issues beyond quality such as quantum meruit (value of partial performance), consumer rights concerns, and mitigation requirements.   If you are dealing with a construction or renovation dispute in Ontario, Benchmark Legal Offices can help you (as a Lawyer & Paralegal office serving clients across Ontario) understand the claim, gather the right documents and witness evidence, and respond strategically so you are not guessing your next step.   Call (289) 389-8840 to get started.

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Common Disputes Affecting Contractors

Legal cases wherein the issue in dispute involves a property owner and a contractor are very common. In the Small Claims Court, disputes between a property owner and a contractor are an almost everyday occurrence. It is common that the allegations in construction law cases will involve a property owner alleging defective work or incomplete work and the contractor alleging failure of payment due.

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.