Time period for homeowners to request a Tarion conciliation inspection

If a builder does not complete repairs or otherwise resolve warranted items to a homeowner’s satisfaction by the end of the 120 day period, the homeowner will have 30 days to contact Tarion and request a conciliation.  This is a process in which Tarion assesses whether a disputed item is warranted and/or whether Tarion supports the way a repair was done. 

A conciliation may include an inspection at the home (when items requiring repair are involved) or a desk assessment (if items can be assessed based on a paper record). 

Once a request is made, Tarion will schedule a conciliation inspection with the homeowner between 30 and 60 days after the request date or arrange a desk assessment.  A $250 fee will be charged, which will be refunded if at least one item listed on the Statutory Warranty Form is determined to be warranted.

After requesting a conciliation, homeowners should send Tarion a copy of their purchase agreement and all its schedules, amendments and attachments, as well as any photographs that could support their claim.  To encourage resolution of disputes, we have introduced a fee of $1,000 payable by the builder if at least one item is determined to be warranted.

If a conciliation is not requested during this time period, Tarion will consider all the items listed on a Statutory Warranty Form resolved and the matter closed.  (Note: Homeowners may resubmit the item(s) at a later date if the warranty covering the item(s) is still in effect.) 

Tarion Conciliates the Matter (Adjudicates the Dispute)

If the repairs are not completed by the end of the 30 days described above, Tarion will conduct the scheduled conciliation inspection with the homeowner and their builder present.  Tarion will then prepare a report of its findings within 30 days. This report will outline which items the builder must resolve under the terms of the statutory warranty and list those that are not covered. 

Please note: There may be items which require further investigation, and if so, homeowners will be notified.  Their builder will, in most cases, then be given 30 days after the date of Tarion’s report to resolve any warranted items.  The time period given to a builder may be extended beyond 30 days in certain situations:  including when weather conditions could interfere with the repair being made, or where materials required for the repair are unique and additional time is needed to obtain them.

The homeowner’s $250 fee will be refunded if there is at least one warranted item. 

Tarion Policy Guidelines for Conciliation Inspections

Video and Audio Recording Policy

Tarion does not permit the video or audio recording of the conciliation or claim inspection process by builders or homeowners. Photographs, however, may be used to document any physical defects in a home which may eventually become the subject of an inspection.
 
The video or audio recording of a conciliation or claim inspection is not necessary for the inspection process to proceed properly and fairly. In Tarion’s experience, video and audio recordings have only served to interfere with the process. A video or audio recording of the conciliation or claim inspection process is also not necessary or of assistance in making an assessment of any construction deficiencies. When the results of a conciliation or claim inspection are reviewed by the Licence Appeal Tribunal, the assessment is typically made based on live testimony and documentary evidence.
 
A homeowner who insists on making a video or audio recording of an inspection and refuses to allow an inspection to proceed without making a video or audio recording, will prejudice his/her warranty rights. Where a builder refuses to participate in an inspection without making a video or audio recording, the inspection will be conducted without the builder’s participation. The builder may also prejudice, among other things, the builder’s appeal rights before the Builder Arbitration Forum, and the builder’s rights under the Waiver of Indemnity policy (Builder Bulletin 44).

Field Claim Representative Testing Policy

Tarion's role is to evaluate proven defects to determine if they are warrantable; however, the Field Claim Representatives (FCRs) that conduct the conciliation inspections are not authorized to run what are known as destructive tests--those that involve removing a portion of the home to determine if hidden damages exist. For example, removing drywall to see if a vapour barrier was installed or to check for mould; or removing brick or stone cladding to check for deficient weepers, damaged building wrap or faulty OSB sheathing.*  In addition, for safety reasons, FCRs do not climb roofs or enter attics.  Rather, it is the homeowner's responsibility to hire a professional with the proper equipment and expertise to investigate potential defects and provide a report if any are found.  Homeowners can then provide Tarion with this report to determine if the defect is warrantable.  If Tarion requires additional information, they may arrange for further inspection by a professional contractor.

Final Resolution

Tarion will contact homeowners 30 days after the date of the report to confirm that all the warranted items listed in the report have been repaired or otherwise resolved. If any of the items remain outstanding, Tarion will work directly with the homeowner to resolve them.

*OSB sheathing is structurally-engineered board made of compressed wood strands.