Construction & Renovation:

Question: What should a property owner in Ontario do if a contractor’s work is defective or incomplete and they won’t fix it before filing a claim?

Answer:   Askew Paralegal Services can help Ontario property owners (and contractors) understand their options in common defective work and construction payment disputes, including what evidence to gather, how to address incomplete workmanship, and when claims may need to be filed in Small Claims Court (up to $35,000) or in another court, plus related issues like valuing partially completed work (quantum meruit) and meeting notice and mitigation expectations; call (289) 439-4740 to book a free half-hour consultation and get practical next steps from a Paralegal serving Hamilton, North York, Welland, Richmond Hill, Burlington, and surrounding communities.

Common Disputes Affecting Contractors

The disputes between a property owner and those hired to perform project work, whether as construction or renovation or maintenance projects, frequently end up in court.  In some courts, such as the Small Claims Court, with a $35,000 limit per Plaintiff, defective workmanship cases are among some of the most commonly occurring cases.  Allegations often include defective work or incomplete work.

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. Disputes involving construction or renovation projects are often additionally troublesome as contractors and property owners alike will frequently begin a lawsuit without first obtaining proper legal advice.

Additionally, litigation arising from construction or renovation disputes often extends into legal issues beyond allegations of poor quality of work and also include legal issues such as quantum meruit disputes over the value of partially completed work, consumer rights concerns, mitigation requirements, among other issues.