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

Question

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

Answer from Construction Brain

In Ottawa and Ontario, contractors cannot charge for work not in the original contract without your written approval - this is a major red flag and potential violation of consumer protection laws.

Under Ontario's Consumer Protection Act, any changes to the original contract scope must be documented in writing with clear pricing before the work begins. The contractor must provide you with a written change order that specifies exactly what additional work will be done and how much it will cost.

How Contract Changes Should Work in Ontario

When legitimate additional work is needed, the proper process is:

The contractor must stop work and explain why extra work is necessary. They need to provide you with a detailed 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 or seek a second opinion. Only after you sign the written change order can they proceed and charge for that work.

Red Flags to Watch For

Be extremely cautious if a contractor tries to charge for "unforeseen circumstances" that weren't properly documented, presents you with surprise charges at the end of the project, claims they "had to" do extra work without asking, or refuses to provide written change orders before starting additional work.

Your Rights Under Ontario Law

You can refuse to pay for unauthorized work that wasn't in the original contract. The Ontario Consumer Protection Act gives you the right to cancel contracts within specific timeframes for home improvement services over $50. You can file complaints with the Ministry of Consumer Services if contractors violate these rules.

What to Do If This Happens

Document everything - take photos and keep all communications in writing. Contact the contractor immediately to dispute unauthorized charges. If the work was done without your approval, you may not be legally obligated to pay for it. For disputes over $35,000, contact Ontario's consumer protection office at ontario.ca/consumer or call 1-800-889-9768.

Protecting Yourself

Always insist on detailed written contracts that specify exactly what work is included. Require written change orders for any modifications before work begins. Never sign blank change orders or give verbal approval for additional work. Keep the 10% holdback required under Ontario's Construction Lien Act until you're satisfied with all work.

If you're dealing with this situation in Ottawa, you can also contact the City of Ottawa's Building Code Services at 613-580-2424 if the work involves permits or code compliance issues.

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