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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, start by documenting everything and attempting direct communication before escalating to formal complaint processes through Ontario's consumer protection agencies.

Document Everything First

Before taking any action, gather all your documentation - the original contract, change orders, payment receipts, photos of the work, text messages, and emails. In Ontario, written records are crucial for any dispute resolution process. Take detailed photos of any deficient work and keep a timeline of events.

Direct Communication

Contact your contractor in writing (email is best for documentation) outlining your specific concerns and requesting a resolution within a reasonable timeframe - typically 10-14 business days. Be specific about what's wrong and what you want done to fix it. Many disputes can be resolved at this stage when approached professionally.

Check Your Contract Terms

Review your contract for dispute resolution clauses. Many contracts include specific procedures for handling disagreements, including mediation requirements or warranty terms. Ontario's Construction Act requires certain contract terms that protect homeowners, so ensure your contractor followed proper procedures.

Verify Licensing and Insurance

Confirm your contractor's licenses are still valid through ESA (esasafe.com for electrical), TSSA (tssa.org for gas/HVAC), and WSIB clearance. If they're working without proper licensing, this strengthens your position and may involve regulatory violations.

Payment Protection

If you haven't paid in full, don't make additional payments until the dispute is resolved. Under Ontario's Construction Lien Act, you're entitled to hold back 10% of the contract value for 60 days after substantial completion. If you've been following proper holdback procedures, this gives you leverage.

Formal Complaint Channels

For licensed trades, file complaints with the appropriate regulatory body:

  • Electrical issues: Electrical Safety Authority (ESA) at 1-877-372-7233

  • Gas/HVAC problems: Technical Standards and Safety Authority (TSSA) at 1-877-682-8772

  • General contractors: Ontario College of Trades if they're certified


Consumer Protection Ontario

Contact Consumer Protection Ontario at 1-800-889-9768 or file a complaint online at ontario.ca/consumer. They can investigate violations of the Consumer Protection Act and may be able to facilitate resolution.

City of Ottawa Building Services

If the work doesn't meet Ontario Building Code requirements, contact City of Ottawa Building Code Services at 613-580-2424. They can inspect the work and issue orders for corrections if violations are found.

Legal Options

For significant disputes, consider:

  • Small Claims Court (up to $35,000 in Ontario)

  • Mediation through the Ontario Superior Court

  • Legal action for larger amounts or complex issues


What to Watch For

Be aware that some contractors may threaten to place a construction lien on your property. This is a legal process they must follow properly, and you have rights under the Construction Lien Act. Don't be intimidated - document any threats and seek advice.

Prevention for Future Projects

Always verify contractor licensing, get detailed written contracts, follow proper payment schedules with holdbacks, and ensure all permits are obtained through ottawa.ca/building before work begins.

The key is acting quickly while maintaining documentation. Most disputes in Ottawa can be resolved through proper channels without lengthy legal proceedings when you follow these steps systematically.

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