What happens after I submit a warranty claim?
When you submit a warranty form to Tarion, it triggers a 120-day initial builder repair period during which your builder should repair or otherwise resolve items on your form that are covered by the warranty.
Are there exceptions to the standard 120-day builder repair period?
Yes. Certain parts of your home and situations demand longer or shorter timeframes, such as exterior work and emergency situations. In addition, the 120-day builder repair period does not apply to Major Structural Defect claims.
What if my builder refuses or is unable to do repairs?
If your builder is unwilling to resolve your warranty items or for some reason (such as bankruptcy) is unable to perform their warranty responsibilities, contact Tarion for assistance.
Tarion may determine that a builder is unwilling or unable to repair or resolve claim items covered by the warranty. This determination may be based on a number of factors, such as the builder’s financial position, physical abilities, or expressed intentions.
Once a builder is determined to be unwilling or unable, Tarion has the discretion to abridge or extend time periods in the statutory claims process and work directly with you to resolve your claim.
What if my builder does not resolve my warranty items by the end of the builder repair period?
You have 30 days after the end of your builder’s repair period to contact Tarion and request a conciliation*.
*Effective September 14, 2020, homeowners will have a 10-day grace period on the 30-Day and Year-End request for conciliation periods. For more information about these and other interim measures to protect homeowners, click here.
Do I need to wait until the end of the builder repair period to ask for Tarion’s help?
No. There are other types of assistance that Tarion can provide during the builder repair period. Examples include Early Intervention or Facilitation. See "Resolving a warranty dispute" below for a full list of options available to you at this time.
Also, situations may arise in which homeowners may need to have a warranty timeline shortened or extended. The Ontario New Home Warranties Plan Act gives Tarion the authority to adjust timelines for requests for conciliation in a limited number of circumstances. For more information, click here.
What are the roles of the homeowner, the builder, and Tarion during this time?
- Provide reasonable access to the builder to address warranty claim items
- Be aware of timelines for requesting a Tarion conciliation inspection
- Resolve items covered by the warranty before the repair deadline
- If an item points to a deeper issue, determine its cause and propose a reasonable solution
- If the item is not considered to be covered by the warranty, provide an explanation to the owner and be prepared to provide supporting information
- Respond to questions from the homeowner
- Act as a helpful resource to both the homeowner and the builder
- If asked, conduct an early intervention meeting or facilitation to help bring about a resolution
Resolving a warranty dispute
The next step in the regular warranty process is Conciliation.
Other dispute resolution methods you may consider at this time include: