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    Homeowners

Warranty Assessment

The Warranty Assessment Report

After Tarion completes its conciliation of your warranty claim, we will send you and your builder a copy of our Warranty Assessment Report.   The report will tell you whether the items we assessed are covered under the warranty and need to be resolved by your builder.

What happens after Tarion issues a Warranty Assessment Report?

If the report contains items that are covered by the warranty, your builder will have a final 30 days to resolve them with you.  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 by your builder. If any of the warranted items remain outstanding at that time, Tarion will work with you directly to resolve them.

If the report contains items that Tarion has determined are not covered by the warranty, your builder is not required to take any action on those items.

How do I dispute a Tarion assessment?

If you disagree with Tarion's assessment and wish to challenge it, you can request a Decision Letter and appeal the warranty decision to the Licence Appeal Tribunal.  Click here to learn more.

What are the roles of the homeowner, the builder, and Tarion during this time?

Homeowner

  • Allow access to the builder for repairs to items covered by the warranty
  • If applicable, consider any settlement offers from the builder in lieu of repairs
  • If applicable, challenge Tarion’s decision by providing further evidence (the onus is on the owner to prove that Tarion’s assessment is incorrect)
  • If applicable, request a Decision Letter from Tarion to initiate an appeal through the Licence Appeal Tribunal

Builder

  • Resolve items covered by the warranty within the applicable timeframe (either by making repairs or offering a reasonable monetary settlement)

Tarion

  • Determine whether claim items are covered by the warranty
  • Determine whether the builder breached their warranty responsibilities
  • Take into account all relevant information and applicable standards (including the Ontario Building Code and the Construction Performance Guidelines)
  • If applicable, identify exceptions or exclusions to the warranty
  • Issue a Warranty Assessment Report that contains an assessment of each claim item
  • If applicable, consider further information provided by the homeowner or the builder after Warranty Assessment Report is issued
  • If applicable, conduct a re-assessment

Resolving a warranty dispute

The next step in the regular warranty process is Resolution.

Other dispute resolution methods you may consider at this time include:

Escalation

Negotiation

Facilitation by Tarion

Independent Mediation

Licence Appeal Tribunal

Litigation

Ombudsperson

    

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