Law Talk: Home renovations gone wrong and consumer protection laws
If you have hired a contractor and are
unsatisfied with the work completed, consider
the following steps to resolve your
dispute.
Completion Certificate
When the major work is completed, your contractor will ask you to sign a completion certificate. You should not sign the certificate until the work is finished and you are satisfied with it. Every certificate is required to include the name and address of the owner and contractor, the name and address of the payment certifier if there is one, a short description on the improvement, and the substantial completion date.
Disputes and unsatisfactory work
The first step in trying to resolve a dispute with a contractor is to contact the business directly and clearly outline the complaint in writing. Consumers should keep proof of the delivery of the complaint and any other interaction they have with the business.
The Construction Lien Act allows you to retain 10 per cent of the contract price for 45 days after the work is done, should you be unsatisfied with the work performed.
If you have complained directly to the contractor and have not received a satisfactory response, your next option is to report the problem to the Ontario Ministry of Consumer Services.
Reporting problems to the Ministry of Consumer Services
The Ministry of Consumer Services has broad investigative powers and can conduct an inquiry into any complaint received.
The Ministry can make an order directing a person to comply with the Act if it is believed on reasonable grounds that a contractor has engaged or is engaging in any activity that contravenes any provision under the Consumer Protection Act. An individual convicted of an offence under the Consumer Protection Act can be liable of a fine of up to $50,000, and a corporation that is liable to a fine of up to $250,000.
If you feel you have been treated unfairly by a contractor, you can contact the Ministry of Consumer Services. To file a formal complaint, visit tinyurl.com/mcsrenos. You can also contact the Ministry directly by phone: 1- 877-665-0662.
Court Action
A last resort is to launch a civil suit in an Ontario court for damages in cases where the home renovations were not as expected. For claims under $25,000, you can bring your claim to the Small Claims Court while those above $25,000 can be launched at Superior Court. Taking civil action can be a very expensive option; therefore, consumers should obtain legal advice before making this decision.
This column provides legal information only and is produced by the students of Community Legal Services and Pro Bono Students Canada (UWO). The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need legal advice please contact a lawyer, community legal clinic or the Lawyer Referral Service at 1-900- 565-4LRS. You can contact Community Legal Services to book an appointment to discuss your legal issue or mediation services. Fanshawe College students may also book an appointment to attend our outreach clinic at the college. Please call us at 519-661-3352 with any inquires or to book an appointment.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
Completion Certificate
When the major work is completed, your contractor will ask you to sign a completion certificate. You should not sign the certificate until the work is finished and you are satisfied with it. Every certificate is required to include the name and address of the owner and contractor, the name and address of the payment certifier if there is one, a short description on the improvement, and the substantial completion date.
Disputes and unsatisfactory work
The first step in trying to resolve a dispute with a contractor is to contact the business directly and clearly outline the complaint in writing. Consumers should keep proof of the delivery of the complaint and any other interaction they have with the business.
The Construction Lien Act allows you to retain 10 per cent of the contract price for 45 days after the work is done, should you be unsatisfied with the work performed.
If you have complained directly to the contractor and have not received a satisfactory response, your next option is to report the problem to the Ontario Ministry of Consumer Services.
Reporting problems to the Ministry of Consumer Services
The Ministry of Consumer Services has broad investigative powers and can conduct an inquiry into any complaint received.
The Ministry can make an order directing a person to comply with the Act if it is believed on reasonable grounds that a contractor has engaged or is engaging in any activity that contravenes any provision under the Consumer Protection Act. An individual convicted of an offence under the Consumer Protection Act can be liable of a fine of up to $50,000, and a corporation that is liable to a fine of up to $250,000.
If you feel you have been treated unfairly by a contractor, you can contact the Ministry of Consumer Services. To file a formal complaint, visit tinyurl.com/mcsrenos. You can also contact the Ministry directly by phone: 1- 877-665-0662.
Court Action
A last resort is to launch a civil suit in an Ontario court for damages in cases where the home renovations were not as expected. For claims under $25,000, you can bring your claim to the Small Claims Court while those above $25,000 can be launched at Superior Court. Taking civil action can be a very expensive option; therefore, consumers should obtain legal advice before making this decision.
This column provides legal information only and is produced by the students of Community Legal Services and Pro Bono Students Canada (UWO). The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need legal advice please contact a lawyer, community legal clinic or the Lawyer Referral Service at 1-900- 565-4LRS. You can contact Community Legal Services to book an appointment to discuss your legal issue or mediation services. Fanshawe College students may also book an appointment to attend our outreach clinic at the college. Please call us at 519-661-3352 with any inquires or to book an appointment.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
