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What can I do if my contractor abandoned the job?

Question

What can I do if my contractor abandoned the job?

Answer from Construction Brain

If your contractor has abandoned your job in Ottawa, you have several legal remedies and consumer protection options available under Ontario law, but you need to act quickly to protect your rights.

Immediate Steps to Take

First, document everything - take photos of the work site, gather all contracts, receipts, and communications with the contractor. Send a formal written notice (email and registered mail) giving them a specific deadline to return and complete the work, typically 10-15 days. This creates a legal paper trail that you'll need later.

Check if your contractor is properly licensed through ESA (for electrical work at esasafe.com/contractor-locator) or TSSA (for gas work at tssa.org). If they're unlicensed and took payment for work requiring permits, this strengthens your case significantly.

Filing Complaints and Getting Help

Contact the City of Ottawa Building Code Services at 613-580-2424 if permits were involved. They can help determine if work was done to code and may have enforcement options if permits weren't properly closed out.

File a complaint with Consumer Protection Ontario at ontario.ca/consumer or call 1-800-889-9768. While they can't force resolution, they track patterns of contractor misconduct and can provide guidance on your rights.

If the contractor was incorporated, search the Ontario Business Registry to get their proper legal name and registered address - you'll need this for any legal action.

Your Legal Options in Ontario

Under Ontario's Consumer Protection Act, you may be entitled to cancel the contract and receive a refund if the contractor materially breached their obligations. The Construction Act (formerly Construction Lien Act) also provides protections, especially regarding holdback amounts.

For amounts under $35,000, you can file in Small Claims Court. The filing fee is around $100-300 depending on the claim amount. You'll need to serve the contractor at their registered business address or last known address.

Consider hiring a lawyer for larger amounts or complex situations. Many construction lawyers in Ottawa offer free consultations and some work on contingency.

Protecting Your Property Rights

If you paid significant money upfront, file a construction lien against your own property within 60 days of the work stopping. This preserves your right to the holdback amount (10% of the contract value) and prevents the contractor from filing their own lien.

Contact your insurance company - some home insurance policies cover contractor abandonment or faulty workmanship, though coverage varies widely.

Finding a New Contractor

When hiring someone to complete the abandoned work, ensure they're willing to work around existing permits and inspections. The new contractor may need to apply for amended permits through ottawa.ca/building if the original work doesn't meet current standards.

Get multiple quotes specifically for "completion work" - this is often more expensive than starting fresh because contractors must work around existing conditions and potentially redo substandard work.

Prevention for Next Time

Always verify WSIB clearance at wsib.ca/clearances, check references thoroughly, and never pay large amounts upfront. Ontario's Construction Act limits progress payments and requires proper invoicing.

For immediate assistance, contact Legal Aid Ontario at 1-800-668-8258 if you qualify based on income, or the Law Society of Ontario's lawyer referral service at 1-855-947-5255 for a free 30-minute consultation.

The key is acting quickly - many of your legal remedies have strict time limits, and the sooner you document the abandonment and begin recovery efforts, the better your chances of getting your money back or completing the project.

AI-Generated Response | Ottawa Construction Network
AI-Generated Content

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:

For project-specific guidance, request a free consultation with our team.

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