- Contract damages generally aim to put you in the position you'd have been in if the work had been done properly in the first place.
- Document the deficiency thoroughly — photos, video, a written log, and an independent professional opinion if the problem is technical.
- Courts generally expect a plaintiff to act reasonably in minimizing their losses.
When a contractor's work falls short and they won't fix it, hiring someone else to finish or repair the job is often the only practical way forward — you need a working kitchen, a dry basement, or a finished project on a timeline that can't wait for a lawsuit to run its course. The natural next question is whether you can recover what you paid the second contractor from the one who caused the problem.
The cost of fixing deficient work can, in the right circumstances, be recovered from the original contractor — but how you go about hiring the replacement, and what you do beforehand, has a real effect on how strong that claim ends up being.
The General Legal Principle
Contract damages generally aim to put you in the position you'd have been in if the work had been done properly in the first place. Where a court finds that a contractor's work was genuinely deficient, the reasonable cost of correcting it — the cost of repair or completion — is a recognized way of measuring that loss. This is a general legal principle, not a guarantee: every case turns on its own facts, and recovery depends on proving both the deficiency and the reasonableness of the repair cost.
Before You Hire a Second Contractor: Steps That Protect Your Claim
- Document the deficiency thoroughly — photos, video, a written log, and an independent professional opinion if the problem is technical.
- Give the original contractor a genuine opportunity to fix it, in writing, with a reasonable deadline — unless they've already refused outright or the relationship has broken down completely.
- Get more than one quote for the repair or completion work, so you can later show the cost you paid was reasonable rather than inflated.
- Keep every invoice, receipt, and piece of correspondence with the new contractor, just as carefully as you documented the original deficiency.
- Get advice before withholding any remaining payment to the original contractor — you may be entitled to reduce what you owe by the value of the deficiency, but doing this incorrectly can create problems of its own.
Why "Reasonableness" Matters
Courts generally expect a plaintiff to act reasonably in minimizing their losses. Choosing an unusually expensive replacement contractor, folding unrelated upgrades into the "repair" invoice, or delaying unreasonably before addressing an urgent problem can all reduce what you're ultimately able to recover. Sticking to like-for-like repair, comparing quotes, and moving within a reasonable time all support your position later.
Does It Matter Whether You've Already Paid the Original Contractor?
- If you haven't paid the full contract price yet, you may be able to reduce what you owe by the value of the deficiency — though this needs to be handled carefully and is often worth getting advice on first.
- If you already paid in full, your claim is generally to recover money back for the shortfall between what you paid for and what you received.
- Where the Construction Act's statutory holdback still applies to your project (a percentage of the contract price withheld to protect the lien rights of unpaid subcontractors and suppliers), that holdback exists for a different purpose than your own deficiency claim — it doesn't automatically become "your" fund to draw the repair cost from, so don't assume the two overlap without checking.
Choosing the Right Court for Your Claim
The right venue depends mainly on the dollar value of your claim against the original contractor.
| Track | Best For | Notes |
|---|---|---|
| Small Claims Court | Claims up to $50,000, exclusive of costs and interest (as of mid-2026 — confirm this hasn't changed before filing) | Designed for self-represented parties; licensed paralegals may also represent you |
| Simplified Procedure | Claims up to $200,000 (as of mid-2026 — verify) | A streamlined version of the ordinary Superior Court process |
| Ordinary Superior Court procedure | Larger or more complex claims above that ceiling | Full discovery and trial process; a lawyer is strongly recommended |
Court and filing fees apply at every level and are set by regulation — always confirm the current fee schedule before filing rather than relying on a figure you saw somewhere else.
Don't Wait Too Long to Decide
Ontario's general limitation period gives you a set window to start a claim, and that clock generally runs from when you discovered — or reasonably should have discovered — the deficiency, not necessarily from the date the work was finished. Deciding relatively promptly whether to pursue the original contractor keeps your options open and your evidence fresh.
Frequently asked questions
Do I have to let the original contractor try to fix it before hiring someone else?
It's generally advisable to give them a genuine opportunity in writing first, unless they've already refused or the situation makes that impractical. Whether it's strictly required depends on your specific contract and circumstances — get advice if you're unsure.
What if the second contractor finds even more problems once they start?
Document those too, and tie each one back to the original contract or specification wherever possible. Newly discovered issues can expand your claim, but each still needs to be shown to be a genuine deficiency in the original contractor's work.
Can I claim the cost of upgraded materials used in the repair?
Generally not. Recovery is usually limited to the cost of equivalent replacement work — bringing you back to what was promised, not upgrading beyond it.
What if the original contractor has closed their business or is unreachable?
You may still be able to pursue a claim against the business or the individual, but enforcement can be more difficult if they have limited assets or if the work was done through a corporation with limited exposure. A lawyer can help you assess whether pursuing the claim is worthwhile.
Is Small Claims Court realistic for a renovation-sized dispute?
Often, yes — the current monetary jurisdiction covers many renovation and repair disputes, though you should confirm the current threshold before deciding, since it's set by regulation and can change.
This is a litigation question
Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.