What happens if my contractor misses the completion deadline?

In Ottawa, if your contractor misses the completion deadline, your options depend on what's written in your contract and whether the delay is justified under Ontario construction law.

The first step is reviewing your contract to see if it includes specific completion dates, penalty clauses, or provisions for delays. Most well-written contracts will address potential delays due to weather, permit issues, or unforeseen conditions. However, if your contractor is simply behind schedule without valid reasons, you may have grounds for compensation.

Under Ontario's Consumer Protection Act, you have rights when contractors fail to meet agreed timelines. If the delay is unreasonable and not covered by legitimate exceptions in your contract, you can potentially claim damages for additional costs you incur - such as extended hotel stays if you're displaced, storage fees, or increased material costs due to delays.

For significant delays without justification, you have several options in Ottawa. You can file a complaint with Consumer Protection Ontario (ontario.ca/consumer or 1-800-889-9768), which can help mediate disputes. If your contractor is licensed with ESA (for electrical) or TSSA (for gas/HVAC work), you can also file complaints with those regulatory bodies.

The key is documenting everything. Keep records of the original timeline, any communications about delays, additional costs you're incurring, and photos showing work progress. Send written notices to your contractor about missed deadlines - this creates a paper trail that's crucial if you need to pursue legal action.

If the delay becomes unreasonable (typically more than 30 days past the agreed completion without valid cause), you may have grounds to terminate the contract. However, be very careful here - improper termination can leave you liable. Consult with a construction lawyer before taking this step.

For projects requiring City of Ottawa building permits, remember that permits have expiration dates (typically 1 year for renovation permits, 2 years for new construction). If your contractor's delays cause the permit to expire, you'll need to renew it, which costs additional fees and time.

One protection many Ottawa homeowners overlook is the Construction Lien Act holdback. You should be holding back 10% of each payment until 60 days after substantial completion. This gives you leverage if completion issues arise and protects you from liens.

If your contractor has WSIB coverage and proper insurance (which you should have verified before hiring), delays due to worker injuries or other covered incidents may be handled differently than simple scheduling failures.

For serious disputes, contact the City of Ottawa's Building Code Services at 613-580-2424 if permit-related issues are causing delays, or consider small claims court for damages under $35,000. For larger projects, you may need Superior Court action.

The best protection is always a detailed contract upfront that specifies completion dates, penalty clauses for delays, and clear procedures for handling unforeseen circumstances. Never hire contractors who won't commit to written timelines or who seem evasive about completion dates.