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Renovation and Construction Disputes

Construction and renovation disputes combine money, deadlines and technical evidence, often with several parties involved. We act for property owners, contractors, subcontractors and suppliers in claims about defective or unfinished work, delay, payment and construction liens.

Common situations

  • Work that is defective, incomplete or not built to code
  • A contractor who abandons the project, or an owner who ends the contract
  • Delay, and the costs it causes
  • Disputes about extras, change orders and cost overruns
  • Unpaid invoices and holdback
  • Construction liens registered against a property

What these disputes usually involve

Construction disputes depend on the contract (fixed price, cost-plus or something less formal), the record of what was agreed as the job progressed, and evidence about the work itself. Ontario’s Construction Act adds lien rights, holdback obligations and payment rules that apply to many projects.

What happens next

  1. Preserve the evidence of the work as it stands, before repairs or completion by others.
  2. Collect the contract and change records: quotes, written changes, invoices, payments and messages.
  3. Check the deadlines, especially lien deadlines, which are short and strict.
  4. Assess the claim against its cost. Construction disputes can be expensive to prove, so the route (negotiation, Small Claims Court, the Superior Court of Justice, or adjudication under the Construction Act) matters.

Topics in this area

Questions we are often asked

My contractor walked off the job. What should I do?
Document the state of the work with photographs and, ideally, an independent report before anyone else continues. Check the contract for notice and termination provisions before hiring a replacement, and keep records of every additional cost.
Can I withhold payment because the work is deficient?
Sometimes, but it carries risk. Withholding more than the deficiencies justify can put you in breach, and the Construction Act has payment rules that apply to many projects. Get advice before withholding a significant amount.
Do I have to register a lien to get paid?
No. A contractor or supplier can sue for payment without a lien. A lien gives security against the property, but it must be preserved and perfected within strict time limits.
Do construction disputes need expert evidence?
Usually. Engineers, building consultants or cost estimators often provide expert evidence about the quality of the work and the cost to complete or correct it.

General information about Ontario law, not legal advice about your situation. Time limits can be short; if you are unsure, speak with a lawyer promptly.

Speak with us about your situation.

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647-260-9920oenbar@enbarlitigation.ca