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Construction & Renovation: Contractor Disputes Including Workmanship Quality Concerns, Among Other Issues
Question: What are common disputes affecting contractors in Canada?
Answer: Contractors in Canada often face disputes over payment and workmanship quality, which are frequently contested in Small Claims Court. These cases may require detailed evidence, such as independent inspections, to assess if workmanship standards were met. Additionally, legal challenges can include quantum meruit disputes, consumer rights, and mitigation obligations. Without proper legal guidance, these issues can become complex. For effective resolution and to safeguard your interests, consider a free consultation with Paladin LLP.
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.
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.
