The Court will not always resolve a construction contract
dispute against a contractor who clearly provided deficient work.
If you have been wronged by a residential renovation that's
gone off the rails, or if you're a contractor and a client is
refusing to pay based on this premise, it is important to first
understand what kind of contract you have, and whether the alleged
breach goes to the root of the contract. Whether you have done
wrong or been wronged, Field Law can help you through this
process.
Look to the Nature of the Contract
In the recent decision of 1314058 Alberta Ltd v
Albers, 2018 ABQB 9, the Court considered whether victims of a
"residential renovation gone wrong" could collect from
their contractor for his admittedly faulty work. In this case, the
Defendants hired the Plaintiff to renovate their newly purchased
home. The Defendants accepted a fixed-price quote. After two
months, the work stopped based on issues with the workmanship. By
then, the
