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

Question: What common disputes arise between property owners and contractors in construction law?

Answer: Disputes often involve allegations of defective or incomplete work from property owners and claims of unpaid work from contractors, necessitating careful legal navigation due to the complexity of construction law and the importance of adhering to trade standards and contractual obligations.

Common Disputes Affecting Contractors

Legal cases wherein the issue in dispute involves a property owner and a contractor are very common. In the Small Claims Court, disputes between a property owner and a contractor are an almost everyday occurrence. It is common that the allegations in construction law cases will involve a property owner alleging defective work or incomplete work and the contractor alleging failure of payment due.

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.  These cases are often extra challenging and troublesome due to the conduct of the parties involved and breach of various legal duties occuring prior to the obtaining legal advice.

Additionally, litigation arising from construction or renovation disputes often extends into legal issues 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, among other issues.