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How do I get a contractor to honor their warranty?

Question

How do I get a contractor to honor their warranty?

Answer from Construction Brain

In Ottawa, you have several legal options to enforce contractor warranties, starting with documentation and escalating through Ontario's consumer protection system if needed.

Document Everything First

Before taking action, gather all your warranty documentation - the original contract, any written warranties, photos of the defective work, and records of your attempts to contact the contractor. In Ontario, contractors are required to provide written warranties for their work, and verbal promises can be legally binding if you can prove them.

Start with Direct Contact

Contact the contractor in writing first - email works well because it creates a paper trail. Reference the specific warranty terms and clearly describe the problem. Give them a reasonable deadline to respond (typically 10-14 business days). Many contractors will honor warranties when approached professionally, especially if they're concerned about their reputation.

Check Their Licensing Status

Verify the contractor is still properly licensed through the appropriate authority. For electrical work, check ESA licensing at esasafe.com/contractor-locator. For gas work, verify TSSA certification at tssa.org. If they've lost their licensing, this strengthens your position and may trigger additional regulatory support.

Use Ontario's Consumer Protection Act

If the contractor won't respond, Ontario's Consumer Protection Act covers home improvement contracts over $50. Contact Consumer Protection Ontario at 1-800-889-9768 or ontario.ca/consumer. They can mediate disputes and have enforcement powers against contractors who violate warranty obligations.

File with Better Business Bureau

Many contractors care about their BBB rating. File a complaint at bbb.org/ottawa - they offer free mediation services and the complaint becomes part of the contractor's permanent record, which can motivate resolution.

Consider Small Claims Court

For warranty claims under $35,000, Ottawa's Small Claims Court (161 Elgin Street, 613-239-1591) is designed for homeowners to represent themselves. The filing fee is modest ($102-$372 depending on claim amount), and you don't need a lawyer. Bring all your documentation showing the warranty terms and the contractor's failure to honor them.

Leverage Their Insurance and Bonding

If the contractor carries liability insurance or bonding (which they should), contact their insurance company directly. Insurance companies often pressure contractors to resolve warranty claims to avoid larger liability issues.

What to Watch For

Be wary of contractors who provided only verbal warranties, have no fixed business address, or demand full payment upfront. Legitimate Ottawa contractors typically offer 1-2 year warranties on workmanship and pass through manufacturer warranties on materials.

Official Resources

  • Consumer Protection Ontario: 1-800-889-9768
  • Ottawa Small Claims Court: 613-239-1591
  • Law Society of Ontario (for legal advice): 1-800-668-7380
  • Better Business Bureau Ottawa: bbb.org/ottawa
Remember, in Ontario you have up to two years to pursue warranty claims for construction defects, and six years for breach of contract claims.
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