How do I make a warranty claim against my contractor?
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, but Ontario's Consumer Protection Act provides some baseline protection even without explicit warranties.
Check Your Contract First
Start by reviewing your written contract for specific warranty clauses. Most reputable Ottawa contractors include:
- 1-year warranty on workmanship
- Material warranties (varies by manufacturer)
- Specific exclusions or limitations
- Process for making claims
If you don't have a written contract, you're still protected under Ontario consumer law, which implies reasonable quality and fitness for purpose.
Document Everything
Before contacting your contractor, gather:
- Original contract and any change orders
- Photos of the defective work
- Receipts and payment records
- Any previous correspondence about the issue
- Documentation of when the problem first appeared
Contact Your Contractor
Reach out to your contractor in writing (email creates a paper trail) describing:
- The specific problem
- When it was discovered
- Reference to warranty terms in your contract
- Request for repair within a reasonable timeframe (typically 30 days)
Many legitimate contractors will respond promptly to warranty claims to protect their reputation.
What if They Don't Respond?
If your contractor is unresponsive or refuses the claim, you have several options in Ontario:
Consumer Protection Ontario: File a complaint at ontario.ca/consumer or call 1-800-889-9768. They can help mediate disputes and provide guidance on your rights.
Small Claims Court: For claims under $35,000, you can file in Ottawa's Small Claims Court (161 Elgin Street). This is often effective because contractors want to avoid court appearances.
Construction Lien: If the work was recent and you haven't made final payment, you may have lien rights under Ontario's Construction Act.
Red Flags to Watch For
Be wary if your contractor:
- Demands full payment upfront
- Has no fixed business address in Ottawa
- Isn't properly licensed (check ESA for electrical, TSSA for gas work)
- Refuses to provide written warranties
- Pressures you to sign lien waivers immediately
Prevention for Future Projects
When hiring contractors in Ottawa:
- Verify licenses through ESA (esasafe.com) or TSSA (tssa.org)
- Check WSIB clearance at wsib.ca
- Get detailed written contracts with warranty terms
- Never pay more than 10% down (Ontario Construction Act protection)
- Hold back 10% for 60 days after completion
For electrical work, ESA requires contractors to warranty their work for one year. For gas work, TSSA-certified technicians must stand behind their installations.
If you're dealing with a major warranty issue, consider consulting with a lawyer who specializes in construction law. Many offer free consultations and can advise whether your case warrants legal action.
Need help finding properly licensed contractors for future projects? Check verified contractors in our directory at ottawaconstructionnetwork.com/directory to work with professionals who stand behind their work.
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