The Conciliation Assessment Report
After Tarion completes its conciliation of your warranty claim, we will send you and your builder a copy of our Conciliation 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 Conciliation 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?
After receiving the Conciliation Assessment Report if you disagree with any of Tarion's warranty assessments and wish to challenge those findings, you can contact Tarion to request a Decision Letter. At this time, Tarion will determine whether any further negotiation, facilitation, or investigation will help to resolve the outstanding issue(s). You can also request that Tarion provide you as the homeowner with the most recent version of any third-party expert reports if they were used by Tarion in making their assessment.
You are also entitled to ask Tarion to arrange mediation as a further route to early resolution. This type of mediation will be between you and Tarion only (it will not involve your builder - unless you would like to invite the builder). It will be conducted by an independent external mediator. Subject to certain rules it is a mediator of your of your choice and will be strictly confidential. You will have the option of choosing a mediator from a list provided by Tarion or putting forward an alternative mediator. In most cases, the costs associated with this type of mediation are covered by Tarion.
In addition, or alternatively, as mentioned you can request a Decision letter which allows you to appeal Tarion's warranty assessment decision to the province's independent tribunal called the Licence Appeal Tribunal.
Click here to learn more.
What are the roles of the homeowner, the builder, and Tarion during this time?
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 warranty assessments by providing further clarification of the condition complained of or evidence to suggest Tarion’s determinations are incorrect.
If applicable, request a third-party, independent mediation with Tarion to attempt and resolve the issue
If applicable, request a Decision Letter from Tarion to initiate an appeal through the Licence Appeal Tribunal
- Resolve items covered by the warranty within the applicable timeframe (either by making repairs or offering a reasonable monetary settlement)
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 Conciliation 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, provide the homeowner with the most recent version of any third-party expert reports used by Tarion to inform its warranty assessments
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: