February 25, 2025
Whether you are do-it-yourselfer or hire a contractor, home renovations, like anything else in life, attract some specific legal concerns.
DEALING WITH CONTRACTORS
- Is your contractor a licensed business? Though licensing does not guarantee reliability, it is a minimum expectation of a legitimate business. An unlicensed contractor – someone “doing it on the side”- may be cheaper, but their reliability varies greatly. Trades such as electrical and plumbing legally require a special license.
- Does your contractor have references? Check them.
- Will your contractor put it in writing? A written contract is always best. It should define the scope of work, the materials to be supplied, the required quality of work and materials (“good and workmanlike” may due, but if you expect better specify it, such as “ premium quality” or “custom grade”. The better specification of materials, the safer you are from disputes.
PERMITS
- Most home renovations beyond a simple paint job likely require a building permit. Consult the municipal building office or an architect or engineer. Do not rely on the contractor’s word. The City of Thunder Bay website has useful guides. Building without a permit may lead to the work being required to be torn out.
- Who will apply for the permits? Will you? A design professional? The Contractor? Applying for permits is a time consuming and exacting process- do you have the necessary experience and patience?
- Is the cost of permits part of the contractor’s price, or do you pay on top of that price?
- Electrical and plumbing require separate permits.
ZONING
- Zoning compliance is checked as part of the permitting process. It helps if you review the zoning requirements before beginning the project or hiring a contractor. Design professionals may help, or a lawyer, or your municipal building office.
- If your renovations do not conform to the existing bylaw, you may need to apply for a minor variance, or an amendment to the bylaw. Though many people do this themselves, or through a design professional or contractor, in our opinion, consulting a lawyer is your safest bet and a sound investment.
WHAT HAPPENS IF THE PROJECT CHANGES?
- It is rare for a project to unfold exactly as planned.
- A system of written change orders is the best way to avoid disputes over changes in scope or cost.
- If your contractor resists formal change orders, put something in writing.
WHAT HAPPENS IF THINGS GO WRONG?
- Projects almost always cost more than first planned. Make sure that you have the funds, or a source of funding, if needed to complete the project
- Do you know that home renovations can lead to your property being liened under the Ontario Construction Act? Do you know what to do if this happens?
- Are you at the point where you ought to remove a contractor from the job? This always brings some risk but is often the only solution.
- If there is a dispute as to price, will you be able to resolve it through negotiation, or have to go to court?
WHAT WEILERS LLP CAN DO TO HELP YOU
Our team of lawyers can provide common sense advice on every step of the renovation process, tailored to fit your specific needs.
If you find yourself in a dispute, we have the litigation lawyers who can negotiate a solution, or represent you in court, at a reasonable cost.
If you are planning a project and want advice, or need advice regarding a dispute, give us a call, we might be the right lawyers for you.