There is the possibility of one or more trade strikes occurring this spring which may affect new home construction. The following provides information for new home buyers and also for builders regarding the potential impact on home delivery and warranty repairs.
Information for New Home Buyers
New home buyers in Ontario may be affected by these strikes in two ways. First, strikes may cause unavoidable delays in the construction and then delivery date of your home. Secondly, if you have already taken possession of your new home, strikes may affect the timing of the builder's ability to have trades complete warranty repairs.
An unavoidable delay is an extraordinary circumstance which could cause delay in construction or repairs through no fault of the builder because of specified events, such as a strike, fire, explosion, act of God, civil insurrection, act of war or terrorism, or pandemic. If such a delay occurs, the builder is permitted to extend all Critical Dates in the Addendum to the purchase agreement without paying delayed closing/occupancy compensation.
In the case of a strike, the builder must inform the purchaser at the outset of the delay associated with the strike. Once the strike has ended and the builder has had an opportunity to determine how long it will take to resume regular operations (this is known as the ‘remobilization period’), they must once again provide written notice to the purchaser.
New home buyers who have already taken possession of their homes may experience delays in warranty-related repairs due to a strike. Builder repair periods may be impacted for 30-Day, Year-End, Second-Year, and Major Structural Defect claims. This includes the initial builder period which begins once a claim is made, up to and including the post-conciliation repair period for items assessed as warranted at a conciliation. Extensions to builder repair periods will be granted by Tarion on a case-by-case basis, where Tarion determines that an extension is justified based on the strikes impacting individual projects.
If you are a new home buyer that is affected by these strikes and have not received any information from your builder, contact Tarion at 1-877-9-TARION or email firstname.lastname@example.org for more information.
Information for Builders
We understand that these strikes not only potentially impact your closing/occupancy dates, but could also impact your warranty obligations to your customers related to Tarion's Customer Service Standard.
If you believe that this will impact your project(s), we encourage you to download these resources:
Q&A for Builders – Strikes, Unavoidable Delay & Critical Dates (updated July 7, 2022)
If you have questions regarding strike-related delays, please contact:
For inquiries related to freehold and condo units:
Manager, Warranty Services
Phone:416.229.3844, ext. 3202
For inquiries related to common elements:
Manager, Warranty Service
Phone: 416.229.3844, ext. 3183