If a contractor has completed work that is defective, incomplete, or significantly different from what you agreed to, you may have legal options. Depending on the circumstances, you may be able to seek compensation for the cost of correcting the work, losses caused by the contractor’s actions, or other damages.
Before taking legal action, however, it is important to understand your contract, gather evidence of the problems, and give the contractor an opportunity to address the issue where appropriate.
For many disputes involving residential renovations, repairs, or other contractor services, Small Claims Court may be an option.
What Is Considered Poor Workmanship?
Poor workmanship can take many forms. The issue may be obvious, such as unfinished work or visible defects, or it may only become apparent after the project has been completed.
Examples can include improperly installed materials, defective construction or repairs, damage caused during the work, work that does not match the agreed specifications, or a contractor leaving a project incomplete after being paid.
Whether work qualifies as poor workmanship depends on the facts of the particular situation, including what the contractor agreed to do, what was actually completed, and the quality of the work provided.
It is also important to distinguish between legitimate workmanship concerns and a simple disagreement over design preferences or changes that were never part of the original agreement.
Can You Sue a Contractor for Poor Workmanship?
Potentially, yes. If a contractor has failed to fulfill their contractual obligations or provided services that do not meet the applicable standards, you may have grounds to pursue a claim for damages.
The Consumer Protection Act provides protections for consumers in Ontario. Among other things, a supplier is deemed to warrant that services supplied under a consumer contract are of reasonably acceptable quality.
A claim may arise when a contractor fails to complete the agreed work, performs work improperly, uses materials that do not meet the agreement, or causes damage that results in a financial loss.
The strength of a claim will depend on the specific contract, the evidence available, and the circumstances surrounding the project.
What If the Contractor Did Not Finish the Work?
An unfinished renovation or repair project can create significant costs, particularly if another contractor has to be hired to complete or correct the work.
If a contractor has stopped working on a project after receiving payment, you should document the condition of the property and the work that remains outstanding. Keep copies of your contract, invoices, payment records, correspondence, photographs, and any estimates you receive from another contractor to complete the work.
These records can help establish what you originally agreed to, what was actually completed, and what it may cost to correct or finish the project.
What Evidence Do You Need to Sue a Contractor?
Evidence is particularly important in a workmanship dispute. A written contract can be helpful, but it is not the only evidence that may be relevant.
Keep the original contract and any estimates, invoices, change orders, receipts, photographs, videos, emails, text messages, and other communications with the contractor. If another contractor provides an estimate to repair defective work, that documentation may also be relevant to determining the financial impact of the original contractor’s work.
Photographs can be especially useful when they clearly show the condition of the work before repairs are made.
The more clearly you can establish what was agreed upon, what happened during the project, and what financial loss resulted, the easier it may be to present your position.
What If There Is No Written Contract?
A lack of a formal written contract does not necessarily mean you have no legal options. Other evidence may help establish the agreement, including text messages, emails, invoices, payment records, photographs, and conversations with the contractor.
However, home renovation and repair contracts are subject to specific requirements under Ontario’s Consumer Protection Act. Ontario’s guidance states that home renovation contracts worth more than $50 must be in writing.
If you are dealing with a dispute over an informal or poorly documented agreement, it is particularly important to preserve whatever evidence you do have.
Can You Take a Contractor to Small Claims Court in Ontario?
If you are seeking monetary compensation of $50,000 or less, Small Claims Court may be an option. As of October 1, 2025, Ontario’s Small Claims Court jurisdiction increased from $35,000 to $50,000.
A contractor dispute may fall within Small Claims Court when you are seeking compensation for issues such as incomplete work, defective workmanship, property damage, or other losses connected to a contract.
The amount you are claiming is not the only consideration. You also need to establish the basis of your claim and provide evidence supporting the damages you are seeking.
Should You Give the Contractor a Chance to Fix the Problem?
In many situations, it can be sensible to communicate with the contractor before starting a court proceeding.
Put your concerns in writing and clearly explain what work is defective or incomplete and what you are asking the contractor to do to resolve the issue. Keep copies of all correspondence.
Depending on the circumstances, the contractor may agree to correct the work, complete the project, or negotiate another resolution. If the matter cannot be resolved, your records of these discussions may also become relevant if you later pursue a claim.
You should also be careful about making repairs before properly documenting the original condition of the work, particularly if the workmanship itself is likely to be disputed.
What If the Contractor Says the Work Was Done Correctly?
This is where documentation and evidence can become particularly important.
A contractor may disagree with your assessment of the work or argue that the problems resulted from something outside their responsibility. If the dispute cannot be resolved, the court may need to consider the agreement between the parties, the evidence about the work performed, and the losses being claimed.
In some cases, an assessment or estimate from another qualified professional may help establish what work is required to correct the problem and the likely cost involved.
How Much Can You Sue a Contractor For?
The amount you can claim depends on the losses you can establish and the legal basis for your claim.
For example, you may be seeking the reasonable cost of correcting defective work, the cost of completing unfinished work, or compensation for property damage caused by the contractor.
It is important to distinguish between the amount you paid the contractor and the actual damages resulting from the contractor’s conduct. Simply being dissatisfied with the outcome does not automatically establish the amount of compensation you are entitled to receive.
How a Paralegal Can Help With a Contractor Dispute
Contractor disputes can involve contracts, evidence, damages, negotiations, and court procedures. A licensed paralegal can help you understand whether Small Claims Court may be appropriate for your situation and assist with the legal process.
Ontario Legal Service can assist with preparing and filing a Small Claims Court claim, serving documents, negotiating with the other party, preparing for a settlement conference, and representing you at trial if the matter proceeds that far.
Having your evidence and claim properly organized can make it easier to present your position and understand what to expect throughout the process.
What Should You Do If a Contractor Has Done Poor Work?
If you believe a contractor has performed defective or incomplete work, start by gathering your documentation. Review your contract, collect photographs and correspondence, keep records of payments, and document any costs associated with correcting the problem.
If the contractor cannot or will not resolve the dispute, you may want to explore your legal options.
For contractor disputes involving up to $50,000, Small Claims Court may provide a way to seek compensation without bringing the matter before the Superior Court of Justice.