Construction Defects

Our Construction Defects Practice

It is not uncommon for a renovation project to turn into a nightmare for homeowners. For instance, a contractor may fail to complete the project in a good workmanlike manner or if he or she might not complete the project at all despite full payment. In these cases, a homeowner will likely have to hire a new contractor to complete the work that was not properly completed in the first instance.

Homeowners can sue contractors/renovation companies for breach of contract arising from their failure to complete the project or to follow the explicit terms of the contract. Homeowners may also sue for negligence where the contractors/renovation companies have generally abided by the terms of the contract but have not performed their work in a good workmanlike manner consistent with industry standards.

Courts will generally award the homeowner the costs required to finish the project and the costs required to repair any construction deficiencies caused by the contractor. In addition, courts may also award damages for delay and for callous/outrageous behaviour.

In most cases, a lawyer will strive to get the compensation required to place the homeowner in the same position he or she would have been had the contractor performed his contractual obligations.

Prior to commencing a lawsuit against a contractor, it is important for a homeowner to have an idea of how much it will cost to repair/complete the work of the contractor. If it is determined that the damages are less than $35,000, the homeowner should consider pursing their case in the Small Claims Court.

At Kamalie Law, we have years of experience handling construction defect cases on behalf of homeowners. Our lawyers can assist in quickly determining what steps need to be taken in order to preserve your rights.

Areas we routinely practice include:

Construction defects
Poor workmanship
Negligence of contractor
Fraud on part of contractor
Breach of contract
Residential property defects
Failure to complete work

Frequently asked questions

What legal responsibilities do contractors have?

Contractors have an obligation to perform their work in a good and workmanlike manner. Contractors must perform their work in accordance with relevant codes, legislation, and industry standards. In addition, the materials used by a contractor must be of good quality and fit for their purpose.

How long do I have to sue a contractor?

In Ontario, the limitation period begins from the “discovery” date. That means a claim must be brought within two years from the date the claim was discovered. There are several exceptions to this rule and calculating the limitation period can be a technical exercise. As such, it is important to immediately contact a lawyer who can assist in determining the limitation period.

What if there was no contract with the contractor?

Not having a written contract in place with a contractor is not a bar to commencing a lawsuit. Homeowners can still sue for breach of a verbal agreement as well as for unjust enrichment. In addition, many of the obligations of a contractor are implied, meaning, they don’t have to be reduced in writing. For example, there is an implied obligation that a contractor’s work must be free from defect and completed in a good workmanlike manner. There is also an implied obligation that a contractor’s work will be in accordance with all relevant legislation, codes and industry practices.