The goal of every residential renovation is always to increase the value of property and improve people’s quality of life. During any renovation project, a homeowner must expend significant time and monetary resources, where homeowners must sacrifice personal comfort and enduring disruption to everyday life. As such, before embarking on any construction project, every homeowner should consider the major points raised in this article.
Three years into the Interim Adjudication process under Part II.1 of the Construction Act, it is apparent that what was promised as a quick and dirty approach to dispute resolution is turning into a fly-by-night process that creates more problems than solutions. In this article, the author shares his thoughts on some of these problems.
Contrary to the commercial construction industry, in which prevenient agreements and purchase orders may be sufficient to govern the relationship between parties, contracts in residential construction must be formal in order to protect homeowners. Particularly, the Consumer Protection Act, 2002 has been deemed to apply to residential construction and renovation agreements.
In an effort to maintain safe construction practices, the Ontario legislature enacted the Building Code Act to protect the broader Ontario society by imposing and ensuring compliance with a set of minimum construction standards. But who is ultimately responsible for complying with this law: homeowners or builders?