Construction & Renovation:

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

Answer: Legal disputes between property owners and contractors often involve accusations of poor workmanship by the contractor and non-payment by the owner. These cases are usually extensive, involving laws like the Construction Act, R.S.O. 1990, c. C.30, and often require independent expert evaluations. Proper legal advice is crucial to navigate complex issues like unjust enrichment and consumer protection laws. If you're facing such disputes, Pollock Paralegal offers guidance to resolve your concerns efficiently.

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. 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.