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

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

Answer: In Canada, common legal disputes between property owners and contractors often revolve around allegations of defective or incomplete work. These disputes can be challenging to litigate due to the complexity of construction laws, the evidence required, and the need for impartial expert reports. Issues may also include unjust enrichment, breaches of consumer protection laws, and the need for airtight contracts to protect both parties. To avoid costly legal battles, it is advisable to seek legal guidance before engaging in a construction or renovation project. For tailored advice, consider contacting Mole Legal Services for a free consultation.

Common Disputes Affecting Contractors

Lawsuits alleging a failure to pay a contractor for work performed often lead to a counterclaim alleging failure of the contractor to perform the work in a quality manner. These types of cases are among the most common occuring lawsuits within the Small Claims Court. Unfortunately, without professional representation, these cases also often become hotly contested and problematic due to the many legal issues typically involved.

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 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, and much more.