Can a contractor charge for work not in the original contract?

In Ontario, contractors cannot charge for work not in the original contract without your written approval - but there are important protections you need to know about.

Under Ontario's Consumer Protection Act, any changes to the original contract scope must be documented in writing and agreed to by both parties before the work begins. This protects Ottawa homeowners from surprise charges and scope creep that can derail budgets.

How Contract Changes Should Work in Ottawa

When additional work becomes necessary during your project, the contractor must stop work and provide you with a written change order that includes the specific work to be done, materials needed, labor costs, and timeline impact. You have the right to refuse the additional work, seek a second opinion, or negotiate the pricing before agreeing.

The change order should be as detailed as your original contract, with clear descriptions and costs broken down. Never accept verbal agreements for additional work - even if you trust your contractor, memories fade and disputes arise.

Red Flags to Watch For

Be particularly cautious if your contractor frequently discovers "unexpected" issues that require additional payment. While legitimate surprises do happen (especially in older Ottawa homes where you might find knob-and-tube wiring or structural issues), a pattern of add-ons often indicates poor initial assessment or potential overcharging.

Some contractors use lowball initial quotes to win jobs, then inflate costs through change orders. This is why getting detailed quotes from multiple licensed contractors is crucial before starting any project.

Your Rights Under Ontario Law

If a contractor performs unauthorized work and tries to charge you, you're not obligated to pay for it. However, you also can't keep improvements you didn't authorize - the situation can get legally complex. The Ontario Consumer Protection Act gives you 10 days to cancel certain contracts, and you can file complaints with Consumer Protection Ontario if contractors violate these rules.

For disputes over unauthorized charges, contact Consumer Protection Ontario at 1-800-889-9768 or ontario.ca/consumer. You can also reach out to the Better Business Bureau or consider small claims court for larger amounts.

Protecting Yourself in Ottawa

Always work with properly licensed contractors who carry WSIB coverage and liability insurance. Verify their credentials through the appropriate licensing bodies - ESA for electrical work (esasafe.com), TSSA for gas work (tssa.org), and check their business registration with the Ontario government.

Include a clause in your contract that requires written approval for any work exceeding a specific dollar amount (many homeowners set this at $500-1000). Also establish a payment schedule that protects you - never pay large amounts upfront, and remember Ontario's Construction Lien Act requires you to hold back 10% of payments for 60 days after project completion.

For complex projects in Ottawa, consider having contracts reviewed by a lawyer familiar with Ontario construction law before signing.