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What rights do I have if a contractor doesn't finish the job?

Question

What rights do I have if a contractor doesn't finish the job?

Answer from Construction Brain

In Ottawa and Ontario, you have several strong legal protections when a contractor abandons or fails to complete your project, including rights under the Consumer Protection Act and Construction Act.

Your Immediate Rights in Ontario

Under Ontario's Consumer Protection Act, you have the right to cancel the contract and demand a refund if the contractor materially breaches the agreement by not completing the work. You're also protected by the Construction Act (formerly Construction Lien Act), which gives you specific remedies for incomplete construction projects.

Step-by-Step Action Plan for Ottawa Homeowners

Document Everything First: Take photos of the incomplete work, gather all contracts, invoices, and communication records. This documentation will be crucial for any legal action or insurance claims.

Check Your Contract Terms: Review your written contract for completion dates, payment schedules, and termination clauses. If you don't have a written contract (red flag!), Ontario law still protects you under consumer protection legislation.

Withhold Final Payment: Never pay the full amount upfront. Under Ontario's Construction Act, you should hold back 10% of the contract value for 60 days after substantial completion. If work isn't finished, don't release any remaining payments.

Send Written Notice: Send a registered letter giving the contractor a reasonable deadline (typically 10-30 days) to complete the work or provide a completion schedule. Keep copies of all correspondence.

Ottawa-Specific Resources and Next Steps

Contact the City of Ottawa Building Code Services at 613-580-2424 if permits are involved. They can help determine if work meets code requirements and advise on permit transfers if you need a new contractor to complete the job.

For consumer protection issues, file a complaint with Ontario's Consumer Protection office at ontario.ca/consumer or call 1-800-889-9768. They can investigate and potentially help recover your money.

What to Watch For - Red Flags

Be especially wary if the contractor demands full payment upfront, lacks proper licensing (check ESA at esasafe.com for electrical, TSSA at tssa.org for gas work), or doesn't have WSIB clearance. These are often signs of contractors who may not complete jobs.

Your Legal Options

You can take the contractor to Small Claims Court (for claims up to $35,000) or Superior Court for larger amounts. You may also be able to claim against their insurance or surety bond if they have one. If the contractor is licensed through a professional association, file complaints there as well.

The key is acting quickly - don't wait months hoping they'll return. The sooner you document the abandonment and take action, the better your chances of recovery and getting your project completed properly.

For help finding a verified, insured contractor to complete your project, check our contractor directory at justynrookcontracting.com/directory where all contractors are pre-screened for licensing and insurance.

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