There is nothing more satisfying than owning a home. One of the many perks of home ownership is that you can renovate it to suit your lifestyle and taste.
Most homeowners choose to hire a contractor to carry out a home renovation. Contractors are construction experts and are expected to know how to get the job done right.
But what happens if the renovation does not go as planned or the work is not satisfactory? Can you sue a contractor for poor workmanship?
In some cases, the solution to problems regarding renovation may be through the court.
If you had a home renovation by a contractor and the work is not as agreed upon or results in damage or losses on your part, talk to a lawyer from JuriGo.
Get legal advice by filling out the short online form on this page to connect with experienced lawyers in your area.
When can you sue a contractor?
Determining whether you can sue a contractor is dependent on the contract. A contract can be oral, written, or implied. In many renovation projects, the work is specified in a written contract which indicates the scope of work, the timeline of the project, the cost, etc.
If the contractor failed to complete the work agreed upon or was negligent in the work completed, you may have grounds to file a lawsuit. The most important consideration to file a lawsuit against a contractor is the damages incurred.
Damages from a renovation project by a contractor
In common law, damages refer to a sum of money to be paid to a party in a contract dispute . For instance, if damage amounting to $25,000 was caused by water in the basement due to faulty renovation work, the damages are $25,000.
Sometimes, the court must quantify damages that are not plain or obvious. Poor workmanship or uncompleted work are other damages that can increase the total damages in a claim.
To succeed in a case against a contractor for defective work, the homeowner must show evidence of poor workmanship. This is usually confirmed by an expert and proof that the contractor was allowed to correct the defective work.
Under construction law, you can file a lawsuit against the following for poor workmanship:
- Renovators
- Plumbers
- Roofers
- Landscapers
- Arborists
- Electricians
Cases such as these are challenging because of the evidence needed as well as expert witnesses and reports to demonstrate the trade standards, project valuation, and proper workmanship.
Before beginning a lawsuit against a contractor, it is advisable to get proper legal advice from experts in poor workmanship cases.
Find the right lawyer to assist you by completing the form on this page, free of charge.
What the law says about defective workmanship in Ontario?
Any work that does not meet the standards expressly stated in a contract or implied as is usual in a trade or in the building code is defective.
In general, a contractor must be provided with an opportunity to make corrections to the defective work.
Oftentimes, a defect is subjective as in the case of property owners who may be more discriminating than the contractor who believes that he has satisfied the contractual obligations or common law standards.
In truth, only a judge can ascertain if it is truly defective workmanship as claimed.
How to be successful in a defective workmanship claim?
Whether a homeowner will be successful in a defective workmanship claim against a contractor or if a contractor can defend these allegations successfully depends on so many factors.
As with any lawsuit, reliable witnesses, proper evidence, and a thorough understanding of the law can significantly increase the chances of success.
When deciding whether you can win a defective work lawsuit, consider the following:
- Is the defect legally deemed as a defect?
- Does the defect provide cause to file a lawsuit?
- Who is the responsible party to include in the lawsuit?
- Are the losses worth litigating?
- Can you go through the hardships of litigation?
As mentioned earlier, some homeowners may have too high expectations or standards. You must understand that under the law, perfection is not required. With the advice of a construction lawyer, you can determine the required quality of workmanship under the law and the contract entered into.
Before taking legal action, present the contractor with the complaint. Allow him to correct such defect voluntarily, unless the defect is so substantial or the contractor has no legal authority to perform the work such as doing electrical work without the necessary license.
Types of Legal Action for Defective Workmanship
Once you have determined that the defect is “legally defective”, you and your lawyer can talk about what type of legal action to take.
It can be one or a combination of breach of contract, unjust enrichment, defective construction work, negligence, fraud, etc.
Breach of Contract
What is a breach of contract? This is when one party does not deliver what was promised. In this case, the other party can seek compensation for damages to put them back in the position they would have had if the contract had not been breached.
In certain but limited situations, the Court can order a breaching party to fulfill the contractual obligations.
A contractor breach of contractapplies when a contractor fails to perform or performs below reasonable standards.
Unjust Enrichment
Certain elements must be present in an unjust enrichment case – one party must have profited at the expense of the other without a legal reason. This means the victim must have suffered a corresponding loss. Essentially, the benefit received must be unjust.
In construction law, unjust enrichment arises between a property owner and a contractor when they enter into a contract with project specifications that are later on altered significantly, making the original price immaterial.
Defective Construction Work
When you hire a professional contractor, you expect to get professional and satisfactory results.
If the contractor performed work that is not done to code or below industry standards, a homeowner can sue for damages.
To prove this point, visual evidence is still the best for a complaint of poor workmanship. Video footage and photographs of the defects can make a strong case.
Determining Who to Sue
In construction projects, many players are involved in the workmanship. Contractors also hire subcontractors and tradespersons who may not be in contact directly with the homeowner.
A party responsible for the defect can also be added to the legal action. A good lawyer can assess who to sue based on:
- Who was obligated to perform and deliver a project or portion thereof free of any defect based on legal definitions
- Who failed to perform his contractual obligation
Litigation for defective workmanship can be costly. Expert witnesses, court fees, and legal fees can add up.
It is prudent to review the cost of correcting the defect against the cost of litigation. Common sense dictates that if a solution can be obtained through mediation or settlement, it must be given priority before going to court.
Results of Poor Work by a Contractor
Construction defect claims are usually filed when a contractor fails to comply with the terms of the contract. These include:
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Missed deadlines;
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Inferior quality materials used;
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Non-performance of required work;
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Over-charging for the work agreed upon;
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Violation of safety standards;
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Failure to complete the work based on the contract.
These defects can include drywall, roof, finishes, drainage, foundation, ventilation, soil settlement, concrete slabs, exterior finishes, or roof.
They can result in plumbing issues, leaks, foundation issues, mold, electrical issues, corrosion, or injuries or fatalities.
Do you believe your contractor performed poor work? You can consult a construction lawyer to assess the quality of the workmanship and the standards in the contract you signed. There are times when litigation becomes necessary even though it could be costly and time-consuming.
Find the best construction lawyer in your area by filling out the short online form on this page!
Small Claims Court for Claims $35,000 and below
The Small Claims Court in Ontario helps people recover money from a defendant for up to $35,000.
If you are suing a contractor for this amount, you must file a claim with the Small Claims Court. For damages exceeding $35,000, you must file a claim in the Superior Court.
You are not required to hire a lawyer for a claim with the Small Claims Court. However, having an experienced lawyer handle the paperwork and evidence to support your claim will increase your chances of success.
The limitation period to start a lawsuit is 2 years from the date you found out the cause of action against a contractor.
If you miss this deadline, you may also lose your right to sue.
Requesting a Mediation or Arbitration
Some property owners want to avoid litigation and with good reason . Lawsuits are time-consuming, expensive, and emotionally draining.
The legal system has other dispute resolution options such as mediation and arbitration whereby the parties involved can try to reach an agreement out of court.
Mediation refers to a voluntary process where a neutral party is appointed to assist in identifying and discussing the problems to explore solutions. A mutually acceptable agreement is reached to arrive at a settlement.
In arbitration, a neutral party will render a decision after hearing the evidence and arguments of both sides.
Mediation and arbitration are faster processes than litigation and are often less expensive.
If a contractor’s work is below standards, you have legal recourse.
Speak to the right construction lawyer to sue the contractor for fraudulent practices or to recover damages you suffered.
The Cost of Construction Lawyer for Poor Workmanship Lawsuits
The Consumer Protection Act (2002) provides that the services supplied by a contractor must be of a reasonably acceptable quality. A judge decides what “reasonable quality” is.
But how much will it cost to hire a construction lawyer for a poor workmanship lawsuit?
It is difficult to give a straight answer to this question because lawyers have different fees and they vary based on the case.
The most influential factor in the legal fees is the payment terms. Each lawyer dictates his payment terms and in some cases, it is on an hourly basis.
Other lawyers work on contingency, meaning they get paid only if you succeed in your case. Some lawyers use a combination of both or a flat rate.
To give you an idea, many GTA lawyers in Toronto charge a flat fee of $2,000 to $10,000 for cases that are resolved without a trial. Cases that end up in a trial may be charged lawyer fees from $5,000 to $50,000.
A construction lawyer can help to resolve disputes with contractors or subcontractors. They mediate, negotiate, or represent you in court to get the best outcome.
Compare construction lawyers for defective or poor workmanship cases
A defective workmanship case should be considered and pursued after careful evaluation.
The law is complex where defective workmanship cases are involved. A qualified and experienced lawyer can review your rights and obligations to see if there is adequate grounds for a lawsuit and determine its chances of success.
A lawyer dealing with Construction Act claims can prepare your case and take your contractor to court to get compensation for damages or losses you suffered.
Compare construction lawyers from JuriGo using the short online form below, free and with no obligation.