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Which terms belong in a written drywall warranty in Ottawa?

Question

Which terms belong in a written drywall warranty in Ottawa?

Answer from Drywall Pro IQ

We found no Ontario statute or regulation that sets the terms of a drywall warranty, so what you get depends entirely on what the contractor agrees to put in writing. The Consumer Protection Act, 2002 does say that services are deemed to be of a reasonably acceptable quality, but it does not define warranty length, coverage or transferability for drywall work.

We found no standard form, so the written warranty should spell out four things clearly.

  • What is covered: cracking at joints, tape lifting, nail or screw pops, finish defects visible under normal light, or all of the above. Ask whether it covers only the finished surface or also the board and fasteners beneath it.
  • What is excluded: damage from water intrusion, structural movement, work done by others after the job, or anything else the contractor carves out. Exclusions matter as much as what is included.
  • How long the coverage runs: the contractor names the period. Get the start date in writing, whether that is the date work is finished or the date of final payment.
  • Whether it transfers to a buyer: ask whether a new owner can make a claim or whether coverage ends with a sale.
Two other things belong in the same document. The Consumer Protection Act, 2002 says that if the agreement includes an estimate, the contractor may not charge more than 10 per cent above it, so the written estimate and the final price ceiling should be in the contract. The Act also says that a direct agreement, one signed at your home rather than at the contractor's place of business, must be delivered to you in writing, and you have 10 days after receiving it to cancel without any reason.

The Construction Act says a payer shall retain a holdback equal to 10 per cent of the price of the services or materials as they are actually supplied. We found no small-job exemption in the text we have; ask a lawyer about when that holdback can be released.

The single most useful thing to have in writing before work starts is the exact scope of what the warranty covers and does not cover, signed by the contractor, so there is no dispute later about whether a joint crack or a lifted seam falls inside or outside the agreement.

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Drywall Pro IQ -- Built from the Ontario Building Code, Ontario regulations and City of Ottawa sources and real construction experience. Answers are for informational purposes only and are not a professional assessment.

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