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What should I do if I have a dispute with my contractor?

Question

What should I do if I have a dispute with my contractor?

Answer from Construction Brain

If you have a dispute with your contractor in Ottawa, your first step should be to document everything and attempt direct communication, but you have several escalation options including Ontario's consumer protection services and legal remedies under the Construction Act.

Start with Direct Communication

Before escalating, put your concerns in writing to your contractor. Email a clear description of the problem, reference your contract terms, and request a response within a reasonable timeframe (typically 7-10 business days). Keep copies of all communications - these become crucial if you need to escalate.

Check Your Contract Terms

Review your written contract for dispute resolution clauses. Many contracts include mediation or arbitration requirements that must be followed before pursuing other remedies. If you don't have a written contract, this significantly weakens your position, but you still have options under Ontario consumer protection laws.

Verify Contractor Credentials

Confirm your contractor's licensing status through the appropriate authorities. For electrical work, check their ESA license at esasafe.com/contractor-locator. For gas work, verify TSSA certification at tssa.org. Check their WSIB clearance certificate at wsib.ca/clearances. If they're operating without proper licenses, this strengthens your position and may involve regulatory violations.

Document Everything

Take photos of any defective work, keep all receipts and invoices, and maintain a timeline of events. If work was done without proper permits, contact City of Ottawa Building Code Services at 613-580-2424 to report unpermitted work. This can result in stop-work orders and required corrections.

Ontario Consumer Protection Options

Contact the Ministry of Government and Consumer Services through ontario.ca/consumer or 1-800-889-9768. They can provide guidance on your rights under the Consumer Protection Act and may investigate if the contractor violated provincial regulations. For contractors who door-knock or use high-pressure sales tactics, additional cooling-off period protections may apply.

Construction Lien Act Protections

If you've made payments but work isn't completed properly, Ontario's Construction Act provides important protections. You're entitled to hold back 10% of payments for 60 days after substantial completion. If you've already paid in full, you may still have lien rights against the contractor's other projects or recovery options through their bonding.

Professional Association Complaints

If your contractor belongs to professional associations like the Canadian Home Builders' Association or Better Business Bureau, file complaints through these organizations. While not legally binding, they often facilitate resolution and can affect the contractor's standing.

Legal Escalation Options

For disputes under $35,000, Ontario's Small Claims Court (located at 161 Elgin Street in Ottawa) provides an accessible option. The filing fee is typically $102-$220 depending on claim amount. For larger disputes, you may need Superior Court representation.

When to Involve City of Ottawa

Contact Building Code Services if work doesn't meet Ontario Building Code standards or if permits weren't obtained when required. They can issue orders requiring corrections and may pursue charges for code violations. Call 613-580-2424 or visit ottawa.ca/building to file complaints about unpermitted or substandard work.

Protect Future Payments

Stop all payments until disputes are resolved. If you must continue paying for ongoing work, pay only for completed portions that meet contract specifications. Never pay final amounts until all deficiencies are corrected and you've held the required 10% holdback period.

Get Professional Assessment

For significant disputes involving structural, electrical, or mechanical work, hire an independent inspector or engineer to assess the work quality. This professional opinion becomes valuable evidence if you pursue legal action or insurance claims.

The key is acting quickly while maintaining detailed documentation. Most contractor disputes in Ottawa can be resolved through direct communication and proper use of Ontario's consumer protection framework, but knowing your escalation options protects your investment and ensures quality work completion.

AI-Generated Response | Ottawa Construction Network
AI-Generated Content

This response was generated by Construction Brain, an AI assistant. While we base our answers on industry standards and local Ottawa/Ontario requirements, please verify all current regulations, codes, and requirements from their respective sources:

For project-specific guidance, request a free consultation with our team.

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