มาตรการเยียวยาใดบ้างที่ใช้ได้หากผู้รับเหมาที่ทำสัญญาปรับปรุงบ้านของบริษัท TT ละเมิดสัญญาโดยการล่าช้าและใช้วัสดุที่มีคุณภาพต่ำกว่าเกณฑ์มาตรฐาน?

In Trinidad and Tobago, dealing with a construction breach involves specific legal remedies and procedural steps. Because the contractor missed the deadline and used substandard materials, you have grounds for a claim based on both breach of express terms (the deadline) and implied terms (quality of materials and workmanship).

The following guide outlines your remedies and the recommended course of action.

Remedies for Breach of Contract
You are generally entitled to be put in the position you would have been in had the contract been performed correctly.

Damages (Financial Compensation): This is the primary remedy. You can claim the "cost of cure," which is the money required to pay a new contractor to fix the substandard work and finish the renovation.​

Refund or Price Reduction: If you have already paid, you can demand a partial refund reflecting the diminished value of the work. If you have not paid the full balance, you may be entitled to withhold payment to cover the cost of defects (set-off).​

Termination: If the breach is "repudiatory" (e.g., the work is so poor it is valueless, or the delay is excessive), you may have the right to terminate the contract, stop all future payments, and sue for damages.​

Implied Terms: Under the Sale of Goods Act (Chap 82:30), materials supplied must be of "merchantable quality" and "fit for purpose". If the materials are substandard, the contractor has breached this statutory implied term.​

Step 1: The Mandatory "Pre-Action Protocol"
Before you file any claim in court, Trinidad and Tobago law requires you to follow the Pre-Action Protocol for debt and breach of contract. You cannot simply rush to court; if you do, you may be penalized with legal costs even if you win.​

Send a Pre-Action Protocol Letter: You must send a formal letter to the contractor detailing the breach (missed deadline, specific defects), the remedy you want (e.g., $20,000 to fix it), and a deadline for them to respond (usually 14-30 days).​

Wait for a Response: The contractor is required to accept the claim or give reasons for disputing it. This exchange often leads to a settlement without court.​

Step 2: Mediation vs. Litigation
You asked whether to pursue mediation or file a claim. In Trinidad and Tobago, this is often a sequence rather than a choice.

Mediation (Recommended First Step)
Pros: It is confidential, faster, and significantly cheaper than the High Court. It preserves relationships, which can be useful if you need the contractor to finish minor works.​

How to do it: You can file a complaint with the Consumer Affairs Division (Ministry of Trade and Industry). They have a Consumer Advocate who can mediate disputes between homeowners and contractors for free. Alternatively, you can use a private mediator or a Community Mediation Centre.​

Litigation (Filing a Claim)
If the Pre-Action letter and mediation fail, you must file a claim. The correct court depends entirely on the value of your claim (the cost to fix the kitchen).

Conclusion: Recommended Action Plan
Document Everything: Take photos of the substandard work and keep a log of all missed deadlines. Get a quote from a second contractor to establish the "cost of cure."

Send the Pre-Action Letter: This acts as your final warning and satisfies the legal requirement for litigation.

File with Consumer Affairs: If they ignore the letter, lodge a formal complaint with the Consumer Affairs Division before paying for a private lawyer.​

Court as Last Resort: If the cost to fix the kitchen is under $50,000 TTD, file a claim in the Petty Civil Court. If it is over $50,000, you will need to retain an attorney for the High Court.