How do I sue a contractor in Jamaica for poor work and delays on my house renovation?

Jamaica में
अंतिम अपडेट: Jan 17, 2026
I paid a contractor a deposit and they started the renovation but the work is defective and months behind schedule. They’re refusing to fix the issues or refund any money, and I have messages and receipts. What steps should I take before filing a claim, and what evidence is most important?

वकील के उत्तर

Archer, Cummings & Co., Attorneys-at-Law

Archer, Cummings & Co., Attorneys-at-Law

Feb 2, 2026
You've asked a very important questions because too often person rush to court without following proper prelitigation protocol which may have cost implications at the end of the matter. Under Jamaican law, before filing a claim it is recommended that you first send the contractor a formal written demand, often referred to as a prelitigation letter, clearly setting out the defects, the delay, and what you require (whether rectification of the work or a refund) together with a reasonable deadline for compliance. You should continue to carefully document the condition of the works and all interactions, while taking reasonable steps to prevent further loss. It is also advisable to obtain an independent assessment from a qualified contractor, engineer, or quantity surveyor confirming the defective and incomplete works and the likely cost of rectification, as this will be key evidence. Where possible, you should also consider mediation, as the courts encourage alternative dispute resolution before litigation.

Although you have not indicated that there was a written contract, it is important to note that the absence of a written agreement does not mean that no contract exists; a contract may be established by conduct, payments made, and communications between the parties. That said, situations such as this highlight why it is always best practice to have a written contract clearly setting out the scope of work, timelines, and payment terms.

The most important evidence will include proof of payment such as receipts, messages or emails (including WhatsApp) showing what was agreed and the contractor’s failure or refusal to remedy the defects, dated photographs or videos of the defective and incomplete work, any evidence of delay, and an independent report or quotation for remedial works. With this evidence, you may pursue a claim for breach of contract and related remedies in the Parish Court for the parish in which the matter arises, depending on the value of the claim.
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