Construction & Renovation:

Question: What should a contractor in Ontario do if a small claims lawsuit alleges defective workmanship and failure to pay is being counterclaimed by the other party?

Answer: Defend-it Legal Services can help contractors and homeowners in Ontario through Paralegal Services, Private Investigation, Background Searches & Fingerprinting Agency to assess the dispute, organize evidence, and prepare a clear response to defective workmanship, valuation issues, and related claims like unjust enrichment, consumer protection concerns, and failure to mitigate.  If you need to protect your position fast, start by scheduling a consultation and bring your contract, change orders, photos, invoices, and communications, then get next-step guidance from a Paralegal at (289) 275-3513 to help you negotiate or take the matter forward effectively through the small claims process.

Common Disputes Affecting Contractors

Legal cases wherein the issue in dispute involves a property owner and a contractor are very common. In the Small Claims Court, disputes between a property owner and a contractor are an almost everyday occurrence. It is common that the allegations in construction law cases will involve a property owner alleging defective work or incomplete work and the contractor alleging failure of payment due.

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.