Construction & Renovation: Contractor Disputes Including Workmanship Quality Concerns, Among Other Issues

Question: What are common disputes between contractors and property owners?

Answer: Disputes often arise over defective or incomplete work, leading to litigation in courts like the Small Claims Court. Understanding the intricacies of construction law can help resolve issues effectively, ultimately saving you time and money.

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

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 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, and much more.