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How do I document problems with my contractor?

Question

How do I document problems with my contractor?

Answer from Construction Brain

Start documenting contractor problems immediately with photos, written records, and saved communications - this creates the evidence trail you'll need for disputes, insurance claims, or legal action in Ottawa.

Create a Comprehensive Documentation System

Begin with a dedicated project folder (physical and digital) containing all contractor-related documents. Include your original contract, permits, change orders, invoices, and correspondence. Take timestamped photos of any defective work, safety violations, or damage before the contractor leaves each day. Poor workmanship looks different in person than in photos, so capture multiple angles and close-ups.

Document every conversation with detailed notes including date, time, who was present, and exactly what was discussed. If the contractor promises to fix something or explains a delay, write it down immediately. Follow up verbal conversations with email or text messages confirming what was agreed upon - this creates a written record of verbal promises.

Essential Documentation Categories

Work Quality Issues: Photograph any work that doesn't meet Ontario Building Code standards or contract specifications. Common problems include uneven surfaces, gaps in caulking, improperly installed fixtures, or code violations. Take "before and after" photos if the contractor attempts repairs.

Timeline and Schedule Problems: Keep a daily log of when workers arrive, leave, and what work was completed. Note any no-shows, late arrivals, or early departures. Document weather delays separately from unexplained absences.

Financial Documentation: Save all receipts, invoices, and payment records. In Ontario, you're entitled to hold back 10% of each payment for 60 days after substantial completion under the Construction Lien Act. Document if the contractor demands payment outside the agreed schedule or requests cash payments.

Safety Violations: Photograph unsafe work practices, missing safety equipment, or hazardous conditions. Contact the Ministry of Labour at 1-877-202-0008 for serious safety violations. These photos become crucial if someone gets injured.

Communication Documentation

Save all text messages, emails, and voicemails from your contractor. Screenshot text conversations regularly in case messages get deleted. If using messaging apps, export conversations to email for permanent records. When sending important communications, use email and request read receipts.

For phone calls, follow up immediately with an email summarizing the conversation: "Hi [Contractor], just confirming our phone call today where you agreed to fix the bathroom tile by Friday and explained the electrical delay is due to permit issues with the City of Ottawa."

Building Code and Permit Issues

If you suspect work doesn't meet Ontario Building Code requirements, contact City of Ottawa Building Code Services at 613-580-2424 to request an inspection. Document any failed inspections, stop-work orders, or code violations. These official reports carry significant weight in disputes.

For electrical issues, contact ESA (Electrical Safety Authority) at 1-877-372-7233. For gas or HVAC problems, contact TSSA (Technical Standards and Safety Authority). Both agencies can issue compliance orders that strengthen your position.

Preparing for Disputes

Organize documentation chronologically with a summary sheet listing key dates, payments made, and major issues. Calculate any additional costs you've incurred due to contractor problems - hotel stays, storage fees, replacement materials, or hiring other contractors for corrections.

If the contractor is WSIB-registered, report any workplace injuries immediately. If they claim to be insured, verify their coverage and document any insurance-related communications.

Keep original documents secure and create multiple backup copies. Store digital files in cloud storage with timestamps. This documentation becomes essential whether you're dealing with Tarion warranty claims, small claims court, or insurance disputes.

For serious issues involving fraud or unlicensed work, contact Ontario Consumer Protection at ontario.ca/consumer or 1-800-889-9768. Your detailed documentation will be crucial for their investigation.

Remember: good documentation protects you legally and financially, but also often motivates contractors to resolve problems quickly when they realize you're keeping detailed records.

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