What happens if my contractor misses the completion deadline?

In Ottawa, if your contractor misses the completion deadline, your rights depend on what's written in your contract and whether the delay is reasonable or constitutes a breach of contract.

The first step is reviewing your contract carefully. A well-written contract should specify completion dates, what constitutes acceptable delays (weather, permit delays, change orders), and remedies for missed deadlines. If your contract includes liquidated damages clauses, you may be entitled to compensation for each day of delay.

Under Ontario's Construction Act, you have several options when facing significant delays. You can demand the contractor provide a written explanation and revised timeline. If the delay is unreasonable and without valid cause, you may have grounds to terminate the contract and hire another contractor to complete the work. However, this should be done carefully with legal advice, as wrongful termination can create liability.

For projects requiring City of Ottawa permits, remember that permit extensions may be needed if work extends beyond the original permit timeline. Building permits in Ottawa are typically valid for one year, and extensions cost additional fees. Your contractor should handle this, but delays can complicate the permit status.

What constitutes reasonable delays in Ottawa:

• Weather delays during winter months (common November through March)


• City of Ottawa permit or inspection delays


• Unforeseen structural issues discovered during work


• Material delivery delays beyond contractor's control


• Change orders requested by homeowner

Red flags that suggest unreasonable delays:

• Contractor stops showing up without explanation


• Repeatedly promises completion "next week" without progress


• Takes on multiple jobs simultaneously, spreading crews thin


• Demands additional payments before completing contracted work


• Cannot provide valid reasons for delays

If your contractor is licensed with ESA (electrical work) or TSSA (gas/HVAC), you can file complaints with these authorities. For general contractors, contact the Ontario Consumer Protection office at ontario.ca/consumer or 1-800-889-9768.

Protecting yourself from future delays:

• Include specific completion dates and penalty clauses in contracts


• Require progress schedules with milestone dates


• Verify contractor has proper WSIB clearance and insurance before starting


• Hold back 10% of payments as required under Ontario's Construction Lien Act


• Document all delays with photos and written communication

For significant delays or disputes, consider contacting a construction lawyer or the Canadian Construction Association's dispute resolution services. The City of Ottawa Building Code Services (613-580-2424) can also advise on permit-related delays.

Remember, the 10% holdback required under Ontario law gives you leverage - don't release final payment until work is truly complete and you've had time to identify any deficiencies.