Construction & Renovation:

Question: What can a paralegal help me with if I’m a contractor or homeowner in Ontario dealing with a construction or renovation dispute, including defective work or non-payment?

Answer: If you’re dealing with a contractor or homeowner dispute in Ontario over defective work, non-payment, or the value of partially completed work, Byfield Legal Services can help you understand your options in court, including how claims in Ontario’s Small Claims Court typically work, what evidence you should gather (contracts, invoices, photos, timelines), and how issues like workmanship, quantum meruit, and mitigation may affect your position.  Book a consultation by calling (289) 927-7365 so a paralegal from Byfield Legal Services can review your facts and help you plan the next steps to move your matter forward efficiently.

Common Disputes Affecting Contractors

The disputes between a property owner and those hired to perform project work, whether as construction or renovation or maintenance projects, frequently end up in court.  In some courts, such as the Small Claims Court, with a $35,000 limit per Plaintiff, defective workmanship cases are among some of the most commonly occurring cases.  Allegations often include defective work or incomplete work.

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 the defective workmanship issues and include legal concerns such as unjust enrichment, consumer protection laws, failures to mitigate, among other concerns.