Construction & Renovation:

Question: What can I do if I’m a contractor or property owner in Ontario and we have a dispute over defective work or unpaid renovations?

Answer: Forseti Legal Services can help you understand common Ontario Small Claims Court construction disputes like defective or incomplete work, holdback and final payment issues, and quantum meruit or unjust enrichment for partially completed work, and a paralegal can review your contract, payment records, and communications to help you identify strong next steps before you file or respond.   If you need to protect your rights and reduce the risk of avoidable delays, call (705) 806-7577 to book a free 1/4-hour consultation with Forseti Legal Services for practical guidance suited to contractor, homeowner, and renovation situations across Ontario.

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.

Additionally, litigation arising from construction or renovation disputes often extends into legal issues beyond the defective workmanship issues and include legal concerns such as unjust enrichment, consumer protection laws, failures to mitigate, among other concerns.