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

In Ottawa and Ontario, you have several strong legal rights when a contractor abandons or fails to complete your project, including the right to withhold payment, hire another contractor to finish the work, and pursue legal remedies for additional costs.

Your Immediate Rights Under Ontario Law

If your contractor has stopped work or isn't finishing the job, you can immediately stop all payments until the issue is resolved. Under the Construction Act (formerly Construction Lien Act), you're only required to pay for work that's been properly completed and materials delivered to site.

You also have the right to terminate the contract for cause if the contractor has materially breached their obligations. This includes situations where they've abandoned the job, failed to show up for extended periods, or aren't performing work according to the contract specifications.

Holdback Protection in Ontario

Ontario's Construction Act requires you to hold back 10% of the contract value for 60 days after substantial completion. If the job isn't finished, don't release this holdback. This money is your protection against exactly this situation - incomplete work, defects, or contractor default.

For projects over $500, the contractor must also provide you with proper invoicing and lien rights information. If they haven't done this correctly, it can affect their right to payment and strengthen your position.

Steps to Take in Ottawa

Contact the City of Ottawa Building Code Services at 613-580-2424 if permits are involved. They can help determine if work completed so far meets code requirements and what's needed to finish properly. This documentation will be crucial if you need to hire another contractor.

If your contractor is licensed through ESA (electrical) or TSSA (gas/HVAC), file complaints with these authorities. Check their licensing status at esasafe.com or tssa.org - sometimes licenses have been suspended or revoked, which explains the abandonment.

Document everything: take photos of incomplete work, keep all correspondence, and create a timeline of when the contractor stopped showing up. Get written quotes from other contractors to complete the remaining work - this establishes your damages.

Consumer Protection Options

Contact the Ministry of Government and Consumer Services through ontario.ca/consumer if the contractor is registered under the Consumer Protection Act. Some contractors must provide specific warranties and follow cancellation rules.

If the contractor provided a deposit or down payment receipt, you may have additional protections. Ontario law limits how much contractors can request upfront for most residential projects.

Legal Remedies Available

You can hire another contractor to complete the work and sue the original contractor for any additional costs beyond the original contract price. Courts in Ottawa regularly award these "completion costs" to homeowners.

Small Claims Court (up to $35,000) is often the most practical option for residential projects. The process is designed for self-representation and moves relatively quickly.

For larger projects, you may need to pursue action in Superior Court. Consider whether the contractor has assets worth pursuing - many that abandon jobs are having financial difficulties.

What to Watch For

Be cautious of contractors demanding large upfront payments or wanting to be paid for incomplete work. Legitimate contractors understand that payment follows completion of work phases.

If a contractor claims they need money to "buy materials" for your job, this is often a red flag. Established contractors have credit arrangements with suppliers.

Getting Help in Ottawa

The City of Ottawa provides consumer information through their website at ottawa.ca. For complex situations, consider consulting with a lawyer who specializes in construction law - many offer initial consultations to assess your situation.

Contact your home insurance provider as well - some policies provide coverage for contractor default or incomplete work, though this varies significantly between insurers.

The key is acting quickly once you realize the contractor isn't returning. The sooner you document the situation and explore your options, the better your chances of recovering costs and getting your project completed properly.