Construction & Renovation:

Question: What should an Ontario homeowner or contractor do first if there is a dispute over defective workmanship or incomplete renovation work?

Answer: If you’re facing defective workmanship or incomplete renovation disputes in Ontario, Freed Legal Services (paralegal service) can help you gather key documents like the contract, change orders, photos, inspection notes, and payment/holdback records, then assess likely claims and defences (including valuation of properly completed work and related issues such as unjust enrichment) before you spend time or money in court.   In many cases, your next steps should include documenting the specific defects, arranging impartial evidence of what the workmanship standard required, and identifying any conduct or duties breached before legal advice.   Get a quick case-start plan with Freed Legal Services by calling (800) 716-1897.

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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.

Note: Please contact Freed Legal Services by phone at: (800) 716-1897 to discuss any specific questions that you may have.

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.