What to Do When a Contractor Does a Bad Job in Trinidad and Tobago

brentali
3 days ago
4 min read

Hiring a contractor to build or renovate a home is one of the most stressful experiences many Trinidadians face. Stories abound of contractors who take a substantial deposit and disappear, deliver shoddy workmanship, fail to complete on time, or charge far more than agreed. When things go wrong, many homeowners feel helpless — unsure of their rights or what action they can take.

The law in Trinidad and Tobago does provide remedies. This article explains your legal options when a contractor fails to deliver on their promise.

The Legal Foundation: Contract Law

A contract with a building contractor does not need to be a formal written agreement to be legally binding. An oral agreement — even one based on a verbal quote and a handshake — can constitute a binding contract. However, written contracts are much easier to enforce because the terms are clear and documented.

When a contractor fails to complete the work, does it defectively, or abandons the job after receiving payment, they may be in breach of contract. The law of contract in Trinidad and Tobago (which follows English common law principles) gives you the right to sue for damages to put you in the position you would have been in had the contract been performed properly.

What Breaches of Contract Can You Claim For?

Common contractor breaches that give rise to legal claims include:

• Failure to complete the work within the agreed time

• Defective or substandard workmanship — work that does not meet the standard of a reasonably competent contractor

• Use of inferior materials contrary to what was agreed or specified

• Abandonment of the job after receiving payment

• Overcharging — charging more than the agreed price without authorisation or for work that was not performed

• Failure to rectify defects notified to the contractor within a reasonable time

Implied Terms in Building Contracts

Even where your contract is silent on certain points, the law implies certain terms into building contracts. A contractor impliedly warrants that:

• They will carry out the work in a good and workmanlike manner

• They will use materials that are of good quality and reasonably fit for their purpose

• The completed work will be reasonably fit for the purpose for which it was intended (where that purpose was known to the contractor)

These implied terms flow from law, and exist even if they are not expressly stated in your contract.

What Damages Can You Recover?

If a contractor is in breach of contract, you can recover:

• The cost of remedying defective work — usually the most significant head of claim in a construction dispute

• The difference in value between the work as delivered and the work as contracted for

• Consequential losses that were foreseeable at the time the contract was made — for example, additional rent you had to pay because your home was not ready on time

• Return of deposits paid for work that was never done

The Importance of a Written Contract

Before any work begins, you should insist on a written contract that specifies:

1. The scope of work — a detailed description of what is to be done

2. The materials to be used — brand, type, grade

3. The timeline — start date, completion date, and consequences of delay

4. The price — total contract sum, payment schedule, and conditions for variation orders

5. A defects liability period — a period after completion during which the contractor must return to remedy any defects at no charge

If the contractor refuses to sign a written contract, consider whether you want to proceed. Reputable contractors will have no difficulty committing to a written agreement. At the bare minimum the contract price and deposit paid should be documented.

Practical Steps If Things Go Wrong

Document everything — take photographs of the defective work, keep all invoices, receipts, and correspondence
Notify the contractor in writing — send a formal letter identifying the defects and requiring rectification within a reasonable time
Obtain independent expert evidence — commission a report from another qualified contractor or engineer assessing the defects and the cost of repair
Seek legal advice — an attorney can advise you on the strength of your claim and the best forum for resolution

Which Court Do You Use?

The forum depends on the value of your claim and the particular remedies claimed:

Petty Civil Court: For claims up to $50,000. This court is designed to be accessible without legal representation, although you may use an attorney.

High Court: For claims above $50,000. High Court litigation is more formal and expensive, but offers more comprehensive remedies and discovery powers.

For significant construction disputes, it is generally advisable to instruct an attorney, as the technical and legal issues can be complex.

Alternative Dispute Resolution

Arbitration or mediation may be faster and cheaper than court proceedings for construction disputes, particularly where the parties have an ongoing relationship or where a quick resolution is needed. Many modern construction contracts include arbitration clauses. If yours does, arbitration is generally the required route.

Speak to a Civil Litigation Lawyer

Construction and contractor disputes can involve significant sums of money and require careful handling. Brent Kevin Ali, Attorney-at-Law advises and represents clients in civil disputes, including contractor and construction matters, across Trinidad and Tobago. To schedule a consultation, call 1 868 235 6016 or email info@brentkali.com.

DISCLAIMER: This article is for general informational purposes only and does not constitute legal advice. The law in Trinidad and Tobago is subject to change and may vary depending on the specific facts of your situation. You should not rely on this article as a substitute for professional legal advice. If you have a legal matter, you should consult a qualified attorney. We accept no liability for any loss or damage arising from reliance on the information contained in this article.