Construction & Renovation:

Question: What should contractors in Ontario do if a customer sues them for non-payment and also claims the work was defective?

Answer: If you’re a contractor dealing with a Small Claims Court dispute in Ontario where you face a non-payment lawsuit plus a defective workmanship counterclaim, Reznik Legal Services can help as a Paralegal by reviewing your contract and scope of work, organizing payment and change-order records, assessing trade standards issues, and preparing a practical litigation plan to address quality allegations, valuation, and related claims such as unjust enrichment or failure to mitigate.   Get started with a free 1/4 hour consultation and call (416) 222-9906 to discuss your situation and learn how to optimize your next steps, evidence, and risk in a construction or renovation matter across Ontario.

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 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.