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Submission of a Statutory Warranty Form triggers a specific process and series of time periods, as described below.
Note: All time periods below are subject to the December 24 to January 1 (inclusive) Holiday Period. In addition, where a time period ends on a weekend or holiday, it is extended to the end of the next business day that is not a holiday (i.e., where the time period to submit a 30-Day Form ends on a Saturday or Sunday, it will be extended to end on the next Monday where Monday is not a holiday).
The Initial Builder Repair Period
Submission of a 30-Day, Year-End and/or Second-Year Form triggers the builder’s initial 120-day repair period as follows:
- The builder repair period for the 30-Day Form begins 31 days following the date of possession. If, for example, your home’s date of possession is November 8, 2012, the builder repair period for warranted items listed on your 30-Day Form would begin on December 9, 2012.
- The builder repair period for the Year-End Form begins on the anniversary of the date of possession.
So, for example, if your home’s date of possession is November 8, 2012, the builder repair period for warranted items listed on your Year-End Form would begin on November 8, 2013.
- The builder repair period for warranted items listed on your Second-Year Form begins on the day after Tarion receives the Form.
Important Notes About Repairs
Provide Reasonable Access to Your Builder: When necessary work is required, be sure to give your builder and their tradespeople access to your home during normal business hours, at a time mutually agreed upon in advance. Failure to do so may jeopardize your warranty rights. If you feel there is a vaild reason for denying your builder access to your home, please contact Tarion for guidance.
Document the Situation: Taking pictures of an item before and after repairs are completed is a good practice to follow, and will make things easier to resolve if differing opinions arise.
Know What You're Signing: While it is fair for your builder to ask you to sign an acknowledgement that work has been done, your builder cannot require you to sign a document indicating that you are satisfied or agree with a resolution.
Do Not Make Changes to Repairs: It is important that you do not attempt to further resolve an issue after it has been repaired by your builder. Warranty coverage on an item may be voided if it is determined that a homeowner in some way altered the builder's work.
Your Time Period to Request Tarion’s Involvement
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 your Statutory Warranty Form to have been withdrawn.
Early Intervention Process
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.
The Builder’s Second Repair Period
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.
Tarion Conciliates the Matter
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 within 30 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:
- You are expected to act in a respectful, courteous and cooperative manner in all aspects of the claims process.
- You will facilitate a more favourable resolution by allowing the builder (and its trades, suppliers, subcontractors) reasonable access to your home during business hours (Monday to Friday, 8:00 a.m. to 5:00 p.m.) to investigate and remedy defects.
- You must follow the process in good faith to allow for a reasonable and timely resolution of defective items.
- You are expected to be fair and reasonable in arrangements to schedule repairs. This includes responding to scheduling requests, allowing access during business hours, and working fairly with the builder to arrange repair opportunities within the repair periods. If there are scheduling issues that cannot be resolved, you are encouraged to contact Tarion. If you do not allow the builder a reasonable opportunity to resolve items during the prescribed repair periods, you may jeopardize the warranty coverage for those items.
- You should use the Ontario Building Code and Tarion's Construction Performance Guidelines as primary resources when determining if the defects in question are covered under the warranty.
- You must properly clarify all items when asked by the builder or his representative.
- You will advise the builder as soon as possible if a repair made by the builder has failed or is considered inadequate.
- You must request a conciliation if warranted items are not resolved by the builder during the repair periods and/or to your satisfaction in order to continue with the warranty process for that claim form.
For more information on each party's role in this process, please refer to Builder Bulletin 20, Appendix C.