When a renovation or construction project goes wrong, the questions are what the contract required, whether the work met that standard, and what it will cost to put right. We act for owners claiming against contractors, and for contractors responding to those claims.
Common situations
Leaks, structural problems or code violations after a renovation
Work left incomplete when a contractor stops attending
Materials or finishes that do not match the contract
Work done without the required permits or inspections
A contractor’s claim for payment met by an owner’s deficiency claim
How these claims are decided
A claim may be framed as breach of contract, negligence, or both. The court considers what the contract required, the standard of a reasonably competent contractor in the circumstances, and the evidence about the work, usually including expert evidence from an engineer or building consultant. Damages are typically measured by the reasonable cost of correcting the work.
What happens next
Document everything before repairs: photographs, video, measurements and an independent report.
Gather the contract record: quotes, written changes, invoices, payments, permits and messages.
Give notice to the other party where appropriate.
Choose the forum: Small Claims Court for claims within its limit, otherwise the Superior Court of Justice. Some payment disputes can go to adjudication under the Construction Act.
Questions we are often asked
What can I claim if the work was defective?
Usually the reasonable cost to correct or complete the work, and other losses that follow from the breach, such as additional living costs during repairs. You are expected to take reasonable steps to limit the loss.
Can I hire someone else to fix it?
Often yes, but first document the defects thoroughly, consider giving the original contractor notice and an opportunity to inspect, and check the contract's termination terms. Fixing the work before it is documented can make the claim much harder to prove.
The work was done years ago. Is it too late?
The two-year limitation period generally runs from when the problem was discovered or reasonably ought to have been discovered, not from when the work was done. There is also an ultimate limit that applies in most cases regardless of discovery.
I am a contractor and the owner refuses to pay, alleging deficiencies. What are my options?
You may have a claim for the unpaid amount, lien rights if the deadlines have not passed, and in some cases access to adjudication under the Construction Act. The owner's deficiency complaints are assessed on the evidence.
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.
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