How do I make a warranty claim against my contractor?

In Ottawa, warranty claims against contractors depend on whether you have a written contract with warranty terms, what type of work was done, and how long ago it was completed.

Check Your Contract First

Start by reviewing your written contract for specific warranty clauses. Most reputable Ottawa contractors provide:

• 1-2 years on workmanship


• Pass-through manufacturer warranties on materials


• Specific exclusions (normal wear, weather damage, etc.)

If you don't have a written contract, you still have rights under Ontario's Consumer Protection Act, which provides implied warranties that work will be done in a workmanlike manner with suitable materials.

Document Everything

Before contacting your contractor, gather:

• Original contract and any change orders


• Photos showing the defective work


• Receipts and payment records


• Any previous correspondence about the issue


• Evidence the problem isn't due to normal wear or misuse

Contact Process in Ottawa

Step 1: Direct Contact
Call or email your contractor first. Many warranty issues get resolved quickly when approached professionally. Give them reasonable opportunity to assess and fix the problem.

Step 2: Written Notice
If initial contact doesn't work, send written notice (email is fine) describing:

• Specific defects or failures


• When you first noticed the problem


• Reference to warranty terms in your contract


• Reasonable timeline for response (typically 10-14 days)

Step 3: ESA/TSSA Issues
For electrical problems, contact ESA at 1-877-372-7233. For gas/HVAC issues, contact TSSA at 1-877-682-8772. These authorities can investigate code violations and order corrections.

What to Watch For

Red flags that suggest you'll need additional help:

• Contractor won't respond to calls/emails


• Claims warranty doesn't cover obvious defects


• Demands additional payment for warranty work


• Says they're "too busy" to address the issue


• Business appears to have closed or changed names

Escalation Options in Ottawa

Consumer Protection Ontario: File a complaint at ontario.ca/consumer or call 1-800-889-9768. They can investigate businesses violating the Consumer Protection Act.

Better Business Bureau: File complaints at bbb.org, though this is more for reputation impact than legal resolution.

Small Claims Court: For claims under $35,000, you can file at the Ottawa courthouse (161 Elgin Street). This is often effective even just as leverage - many contractors settle rather than go to court.

Construction Lien Act: If you withheld proper holdback (10% for 60 days after substantial completion), you have additional leverage for warranty claims during the lien period.

Timing Matters

Act quickly once you discover defects. Most contractor warranties are 1-2 years, but some issues must be reported within 30-90 days. The Ontario Limitations Act gives you up to 2 years to pursue legal action for most construction defects.

Prevention for Next Time

Always insist on written contracts with specific warranty terms. Verify contractors through ESA (esasafe.com), TSSA (tssa.org), and WSIB (wsib.ca) before hiring. Hold back 10% payment for 60 days after completion as allowed under Ontario's Construction Act.

For complex warranty disputes involving significant money, consult with a lawyer familiar with construction law. Many offer free consultations and can write demand letters that get contractors' attention quickly.

The key is being persistent but professional, documenting everything, and knowing your rights under Ontario law.