Construction & Renovation:

Question: What should I do if my contractor’s work is defective and I may have a dispute in Ontario small claims court?

Answer: PKM Legal Services can help Ontario property owners and contractors understand common defective work disputes and next steps, including how to document the scope and quality of workmanship, gather evidence like independent inspection reports, and address related issues such as incomplete work, payment timing, holdback concerns, unjust enrichment, and mitigation duties.   In Small Claims Court (up to $35,000 per plaintiff), a paralegal will help you organize facts and request the relief you need based on the contract, timelines, and proof of what was done incorrectly, so you can pursue or defend the claim with clearer leverage.   Call (519) 410-5250 to discuss your situation and get a practical plan for your claim in Ontario.

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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.

Note: Please contact PKM Legal Services by phone at: (519) 410-5250 to discuss any specific questions that you may have.

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.

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.