The builder repair period for the 30-Day Form begins 31 days following the date of possession. If, forexample, your home’s date of possession is November 8, 2012, the builder repair period for warranteditems listed on your 30-Day Form would begin on December 9, 2012.
If your builder does not complete or otherwise resolve items that you believe are warranted by the end of the 120-day period, you will have 30 days to request a Tarion conciliation inspection. You can book an inspection online through your MyHome account, or by contacting us. You must provide a deposit of $282.50 ($250 + HST), which will be refunded to you if we determine that one or more items we inspect are covered by warranty. To encourage resolution of disputes, we have introduced a $1,000.00 charge for builders when we conduct a conciliation and determine that one or more items are warranted.
If you do not request a conciliation during this time, Tarion will consider all of the items listed on yourStatutory Warranty Form to have been withdrawn.
During the builder repair periods, you may contact Tarion for an early intervention if you are having trouble resolving warranty issues with your builder. Some situations where you may wish to request an early intervention include disputes over warranty obligations and coverage, difficulties scheduling repairs or not receiving responses to your enquiries, or instances of intimidation or harassment.
After you request conciliation, your builder will have 30 days from the day that the request was made to repair or otherwise resolve the outstanding warranted items described on the Statutory Warranty Form.
If the repairs are not completed by the end of the 30 days described above, Tarion will conduct the scheduled conciliation inspection with you and your builder present, and will send you a report of our findings within30 days. The report will outline which items your builder must resolve under the terms of the statutory warranty and list those that are not covered. There may be items which require further investigation, and if so, you will be notified. Your builder will, in most cases, be given 30 days after the date of the report to resolve any warranted items.
The time period given to your builder may be extended beyond 30 days in certain situations, including where the repair will be affected by the weather, or where the materials required for the repair are unique and additional time is reasonably required to obtain them. If there is at least one warranted item, your $250 deposit (plus HST) will be refunded to you.
If Tarion decides that conciliation could have been avoided had the builder honoured his/her warranty obligations within the builder repair periods, and if no exceptions apply, then there is a consequence to the builder for an unnecessary conciliation. This consequence is called a chargeable conciliation. When Tarion makes the decision that a conciliation is chargeable, the builder must reimburse Tarion for conducting the conciliation, and the builder's record in Tarion's Ontario Builder Directory is updated to reflect that the builder has received a chargeable conciliation.
There are some exceptions that may cause a conciliation to be not chargeable for the builder. Some examples include situations where a homeowner did not provide the builder with reasonable access to complete repairs, refused a reasonable cash settlement, or demonstrated prior satisfaction with a resolution.
For more information on how Tarion determines whether conciliations are chargeable, please refer to Builder Bulletin 20.
Tarion will contact you 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 at that time, Tarion will work with you directly to resolve them.
The following is a checklist that highlights your key responsibilities during the conciliation process:
For more information on each party's role in this process, please refer to Builder Bulletin 20, Appendix C.