How do I document problems with my contractor?
How do I document problems with my contractor?
If you're having issues with your contractor in Ottawa, proper documentation is your best protection and essential for any dispute resolution through Ontario's consumer protection processes or potential legal action.
Start documenting everything immediately, even if problems seem minor. Create a dedicated file (physical or digital) for all contractor communications and issues. Take photos and videos with timestamps showing the problem areas, poor workmanship, or safety concerns. Your phone automatically timestamps photos, which courts and mediators accept as evidence.
Keep detailed written records of every conversation with your contractor. Note the date, time, who was present, and exactly what was discussed. Follow up verbal conversations with emails summarizing what was agreed upon - this creates a paper trail. Save all text messages, emails, and written correspondence. Don't delete anything, even if it seems unimportant.
Document all financial transactions meticulously. Keep copies of contracts, change orders, invoices, receipts, and payment records. If you're paying by cash (which isn't recommended), get written receipts. Track any additional costs you're incurring because of their delays or mistakes, like hotel stays if work isn't completed on schedule.
For permit-related issues, contact City of Ottawa Building Code Services at 613-580-2424 to verify if proper permits were pulled and if work meets code requirements. Request copies of any inspection reports. If electrical work is involved, check with ESA (Electrical Safety Authority) to ensure proper permits and inspections were completed.
Take photos of work in progress, not just problems. This helps establish timelines and shows the progression (or lack thereof) of work. Include reference points in photos like newspapers with dates, or have timestamps visible. If there are safety violations, document these immediately and report them to the Ministry of Labour if workers are at risk.
Keep records of how problems are affecting your daily life - can't use your kitchen, no hot water, family displaced, etc. This documentation supports claims for inconvenience or additional damages. Save receipts for any expenses caused by contractor delays or mistakes, like eating out because your kitchen is unusable longer than planned.
If your contractor is licensed (check ESA for electrical contractors, TSSA for gas contractors), file complaints with the appropriate regulatory body. These complaints become part of their record and can trigger investigations. For general contractors, check if they're members of professional associations and file complaints there too.
Create a timeline of events showing when problems started, when you notified the contractor, their responses (or lack thereof), and how issues have progressed. This chronological record is invaluable for dispute resolution.
Red flags requiring immediate documentation: contractor asking for large upfront payments, working without permits, unlicensed workers doing specialized work (electrical, gas), or threatening to abandon the job. These situations may require involving Consumer Protection Ontario at ontario.ca/consumer or seeking legal advice.
For serious disputes, you may need to pursue resolution through Ontario's consumer protection services or small claims court. Proper documentation significantly strengthens your position and can mean the difference between recovering your losses or being stuck with poor work and additional costs.
Remember, under Ontario's Construction Lien Act, you can hold back 10% of payments for 60 days after substantial completion to ensure defects are corrected. Document any deficiencies during this holdback period to protect your right to have them fixed before final payment.
This response was generated by Construction Brain, an AI assistant. While we base our answers on industry standards and local Ottawa/Ontario requirements, please verify all current regulations, codes, and requirements from their respective sources:
- Permit requirements: City of Ottawa Building Services
- Ontario Building Code: ontario.ca
- Electrical permits: Electrical Safety Authority (ESA)
For project-specific guidance, request a free consultation with our team.
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