Construction professionals take great pride in building structures that will stand the test of time, putting in long hours for a durable and beautiful final result. Unfortunately, if the owner of the building finds a deficiency in the building’s materials, design, or workmanship, they can file a defect claim against you even years after the project has been completed. Such claims are a serious matter that can pose a threat to both your reputation and bottom line if not handled properly.
If your construction firm has been accused of a construction defect, you’ll need the assistance of a Toronto construction defect attorney who is experienced in construction defect claims and can ensure your case is handled efficiently and cost-effectively.
Contact a Toronto Construction Defect Lawyer to Discuss Your Case
At Cotney Construction Law, we understand the intricacies of construction defect law, the high cost of litigation, and the impact allegations of construction defects can have on the reputations of contractors. Many claims are further complicated by the fact that they are not discovered until years after the project is completed. While anyone can be held liable for project damages, contractors and subcontractors are targeted more frequently, which is why you need to seek the skilled legal counsel of a Toronto construction defect lawyer.
Construction defect claims occur in all types of structures, including commercial and industrial buildings, and are often brought forth by the property owner. In most circumstances, the patent or latent defect either devalues the property, puts the owner at risk, or both. Some of the most common construction defects include:
- Faulty roofing
- Faulty window/door seals
- Improperly installed electrical or plumbing systems
- Cracked foundation
- HVAC design
- Masonry defects
- Drywall issues
- Poor waterproofing
- Heating and cooling imbalance
- Mould intrusion
Construction defect claims are complicated cases because the exact cause of the construction defect can be difficult to determine. For all you know, the issue may have arisen due to the claimant’s negligence. Whether your construction defect is the result of site selection, poor workmanship, negligence, or something else entirely, it’s critical to work with an attorney who knows what to look for when defending you.
Time Limits for Filing Claims
In Ontario, most limitation periods are governed by the Limitations Act which sets out a basic limitation period of two years, during which the claim to remedy an injury, loss, or damage must be initiated. If the lawsuit has commenced and the limitation period has expired, then the lawsuit will be dismissed by the court. For contractors, it can be difficult to know when the limitation period begins for claim of negligence arising from a construction project. In Timminco Ltd. v. ABB Industrial Systems Inc., an Ontario judge held that the limitation period begins when the plaintiff knew or ought to have known about the defect in question.This principle has been adopted and applied by the Ontario Superior Court of Justice.
Trust Cotney Construction Law for Defect Disputes
At Cotney Construction Law, our attorneys are extremely knowledgeable in construction law, having successfully represented clients in a variety of hearings involving structural damage, water intrusion, and more. We are familiar with the nuances of construction defect cases and have the real-world experience necessary to provide valuable legal counsel. When you partner with a Toronto construction defect attorney, they can guide you through your dispute, provide a strong defence, and help you to prevent future issues. To learn more about our comprehensive construction law services, consult an attorney at Cotney Construction Law.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.