Our Builder Members strive to provide homeowners with the best possible product and service. Unfortunately, problems sometimes arise. If this happens, we will happily review your concerns and assist you and your builder in resolving any disputes concerning construction defects. Below is some information to get you prepared for submitting a warranty claim. For comprehensive information on how to format your claim, the claims procedure, dispute resolution and all related matters, please review our Warranty Claim Guide. Once you are ready, click the Make a Claim button, and an online form will open in a separate window. Read below for other ways to open a claim.

 

Review your Possession Certificate

Your Possession Certificate outlines many crucial terms and conditions relating to warranty claims, including exclusions. For example, driveways are excluded from warranty.  Be aware that there are deadlines for the submission of a claim and for disputing a claim. A properly registered warranty claim is notification received by the Program office in writing from the homeowner within the applicable coverage period. For example, if you have a flooring issue, we must receive the claim within 1 year from your Date of Possession.  If you do not know which coverage period your defect would be covered under or have additional questions, do not hesitate in calling us to discuss. If you contact us after your coverage has expired, we cannot assist, even if you were previously working with your builder to resolve the defects.

Talk to your builder first

If you notice a few issues, the best place to start is by contacting your builder. Your builder is obligated pursuant to the Warranty to fix warrantable defects in workmanship and materials identified within the applicable coverage period, and we find that most builders are more than willing to fix a warrantable defect without our involvement. Remember - building homes is their livelihood, and without satisfied customers their business suffers. If you and your builder agree on the required repairs and repairs are being done in a timely manner, there is no need to contact us to open a claim. However, during this first step, take note of the remaining time in your coverage period, the number of items to be fixed, and the nature of the defects. While the repairs themselves do not need to be completed within the coverage period, the Program office does need to have your claim received before the expiry of your coverage period - should you need our assistance in the event that your builder fails in their obligations. There is no harm in submitting a claim even if you are currently working with the builder and you simply want peace of mind that the claim is properly registered in the unlikely event that you and your builder reach a disagreement and you need assistance from the Program. A warranty claim does not apply any negative 'marks' against the builder, as long as they are following their responsibilities in completing the required repairs.

Consult the Construction Performance Standards

This guide, available on our website, outlines the parameters under which certain items are covered and is designed to supplement the building code. It contains many of the most commonly claimed items and will assist you in determing whether the defect you have come accross will be covered or not.

Prepare your warranty claim

Although you may submit more than one claim, we recommend doing a review part-way through your 1-year coverage period, gathering together any items you notice as defective and send one concise list. At this time, you may wish to take photos of the defects and gather together any additional information (correspondance with the builder, 3rd party reports, etc.) Note, that should you identify a structural defect in your home, you must notify your builder and the Program within 30 days of identifying the possible defect (within the structural coverage period).

Send your claim

You must submit your claim in writing within the coverage period. We will accept your claim by email, fax, regular mail, or by way of our online Warranty Claim Form. We will not open a claim by a phone call or by electronic messaging (text). There is no cost to open a claim. The following information is required.

• Your name (let us know if you are a subsequent owner)
• Full address of your home
• Enrollment #, if available (located on the top right corner of your Possession Certificate)
• Name of your builder
• Daytime phone number
• Detailed numbered list of the items you wish to claim as deficient. Please be descriptive and provide information on the location and nature of the defect, including (if possible) the type of material/model number of the affected item, along with supporting information (videos/photos; 3rd party inspection report). Advising, "my floor is defective", is NOT a claim. Instead advise, "the vinyl flooring in my kitchen beside the island is lifting".
• Please refrain from including slanderous comments about the builder in your notice to us as your claim will be shared with the builder and potentially any 3rd party involved in investigating your claim. If you would like to share any concerns above and beyond the details of the defect, we are happy to discuss these over the phone or via separate correspondence.

Claims Process

Once your claim is received, we will review the information provided. If we have any questions we will contact you immediately. Otherwise, we will send correspondence to your builder requesting his or her position on the matter. You can expect a phone call or email from us shortly after this. At this point we should know the builder's position and can provide further guidance from there. If the builder is willing to fix the problem without further investigation, we will inform you of this and ask the builder to contact you to arrange a mutually convenient time to begin repairs. If needed, we will direct you and your builder regarding what is covered and what is not. Should there be a matter that requires a detailed review (where we determine that pictures/video is not sufficient), we may contact you to make arrangements to do an inspection of the defect at your home. If you have advised us that you are currently working with the builder or there does not appear to be any dispute regarding required repairs, we will likely step back and let you and your builder continue with the repair process and arrange to follow-up with you within a few months. Either way, we will continue contact with you and your builder on an as needed basis until the repairs are completed appropriately.

The Program will do its best to advise both parties as to the coverage eligibility of those items claimed to be defective. It is NOT the responsibility of the Program to do repairs on an item just because the Builder disagrees with the homeowner OR the Program. Disputes MUST be handled through the Conciliation process (a form of arbitration) – regardless of any opinions or information in coverage eligibility communicated by the Program to both parties. Be aware there is a deadline to request Conciliation. Read below for more information.

 

Conciliation

Should the Program be unable to resolve a dispute between the builder and homeowner regarding 1-year or 2-year coverage items, either party may request Conciliation. Conciliation is a more formal process where the Program appoints a 3rd party inspector to conduct a thorough investigation and issue a report to the homeowner and builder. The report outlines actions required and establishes deadlines for completion of the work. If the builder fails to comply, the Program will complete the work according to the Warranty. The decision of the conciliator is final and binding on the builder, the Program and the homeowner. Generally, conciliation can be requested no later than 60 days following the expiry of the 1 or 2 year coverage period, depending on your applicable coverage. Please refer to your Possession Certificate under CONCILIATION for more information or read our Warranty Claim Guide.

Typically, conciliation is used when either party is in disagreement with the outcome of a claim submitted or when a dispute cannot be settled by the mediation process. If you wish to request Conciliation, please advise our office and we will forward to you the form you will need to fill out to initiate this process. Along with the signed Request for Conciliation form, the homeowner must submit a fee in the amount determined by the Program. This fee is considered a deposit. If 50% or more of the items in dispute are found to be of valid concern (covered under warranty) and are therefore in favour of the homeowner, the fee is then returned.