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

Court disputes between a property owner and a contractor hired for a construction or renovation project frequently arise.  In some courts, especially the Small Claims Court, cases involving contractors and homeowners are prevalent.  In such cases it is common that a property owner will accuse a contractor of poor quality work; and in turn, the contractor accuses the property owner of failure of payment.

Challenges

Disputes involving construction or renovation projects are often challenging due to the many legal issues that typically apply within the realm of construction law. Common issues may involve the extent of, and quality of, evidence required, such as the need sometimes for an independent witness to inspect and provide a reports as to what workmanship was done correctly and what workmanship was done incorrectly thus whether the required workmanship standards were met. 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.

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.