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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 abandoned your job in Ottawa, you have several legal protections and immediate steps to take under Ontario law, including potential claims under the Construction Act and Consumer Protection Act.

Immediate Steps to Take

First, document everything - take photos of the work site, gather all contracts, receipts, and communications with the contractor. Send a registered letter to the contractor's last known address demanding they return to complete the work or provide a timeline for completion. This creates an official paper trail that's crucial for any legal action.

Contact the City of Ottawa Building Code Services at 613-580-2424 if permits were involved. They need to know if permitted work has been abandoned, as this can affect your property's compliance status and any future work.

Check Your Legal Protections

If you paid the contractor more than $50 upfront, you may be protected under Ontario's Consumer Protection Act. Contact the Ministry of Government and Consumer Services at 416-326-8800 or file a complaint at ontario.ca/consumer. This law requires contractors to complete work as agreed or face significant penalties.

For projects over $60,000, check if your contractor was required to provide warranty coverage under the Ontario New Home Warranties Plan Act. Even for smaller jobs, verify if they carried proper insurance through WSIB (wsib.ca/clearances) and general liability coverage.

Construction Lien Act Protection

Ontario's Construction Act (formerly Lien Act) provides important holdback protections. If you properly held back 10% of payments until 60 days after substantial completion, you may have funds available to hire another contractor. If you didn't maintain holdbacks, you can still file a lien against the contractor's other properties if they owe you money or caused damages.

Finding Replacement Contractors

When hiring a replacement contractor in Ottawa, verify their credentials more thoroughly:

  • Check ESA licensing at esasafe.com/contractor-locator for electrical work

  • Verify TSSA certification at tssa.org for gas/HVAC work

  • Confirm WSIB clearance and general liability insurance

  • Get references from recent Ottawa projects

  • Ensure they can work with existing permits or pull new ones if needed


Small Claims Court Option

For amounts up to $35,000, Ontario's Small Claims Court is designed for homeowners to recover costs from contractors. You can claim the cost to complete the work, additional expenses caused by delays, and sometimes storage or accommodation costs if the abandonment made your home uninhabitable.

Reporting and Prevention

Report the contractor to the Better Business Bureau and leave reviews on Google and other platforms to warn other Ottawa homeowners. If they were licensed through any professional association, file complaints there as well.

Contact the City of Ottawa Building Code Services to understand how the abandonment affects any active permits and what steps are needed to bring the work into compliance with Ontario Building Code requirements.

The key is acting quickly - construction liens must be filed within specific timeframes, and the sooner you document the abandonment and begin replacement contractor searches, the better your position for recovery and project completion.

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