Construction & Renovation: Contractor Disputes Including Workmanship Quality Concerns, Among Other Issues

Question: What are common legal disputes between contractors and property owners in Canada?

Answer: Contractor and property owner disputes are frequently seen in Canadian courts, often involving allegations of defective work or incomplete projects by the contractor, with concurrent claims of non-payment by the property owner. Navigating these cases can be intricate due to the extensive laws, necessary evidence, and independent expert evaluations of workmanship. Before pursuing litigation, both parties should consider seeking informed legal counsel to better understand contractual obligations and possible resolutions. For professional guidance tailored to your situation, reach out to Civil Litigations Paralegal Services.

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.