- A workmanship warranty is a specific commitment layered on top of the contractor's general obligation to perform the work properly.
- Send a clear, dated written request that references the specific warranty clause, describes the deficiency, and gives a reasonable deadline for the contractor to respond or attend.
- If the informal request goes nowhere, a formal demand letter — often from a lawyer — sets out: - The specific warranty term being relied on - What repair or remedy is being demanded - A…
Many renovation and construction contracts include a written workmanship warranty — a promise that the contractor will come back and fix certain problems within a set period after the job is done. That promise is only useful if the contractor honours it. When they don't, homeowners are often unsure whether the warranty itself gives them any real leverage, or whether they're simply back to square one.
A written warranty is a contract term like any other, and a contractor who refuses to honour it can generally be held to it the same way as any other broken promise in the agreement.
What a Workmanship Warranty Actually Promises
A workmanship warranty is a specific commitment layered on top of the contractor's general obligation to perform the work properly. It typically sets out what's covered, for how long, and sometimes what's excluded. Because it's part of the contract, refusing to honour it without a valid reason is generally a breach of that contract — the same category of problem as any other unfulfilled promise, just with clearer terms to point to.
Read the warranty language closely before you act. The scope, duration, and any exclusions or conditions attached to it will shape both your request to the contractor and any later claim.
Step 1 — Put the Request in Writing
Send a clear, dated written request that references the specific warranty clause, describes the deficiency, and gives a reasonable deadline for the contractor to respond or attend. This creates the record you'll need later and gives the contractor a fair opportunity to comply before you escalate.
Step 2 — Send a Formal Demand Letter
If the informal request goes nowhere, a formal demand letter — often from a lawyer — sets out:
- The specific warranty term being relied on
- What repair or remedy is being demanded
- A firm deadline to respond
- The consequence of continued refusal: a court claim
A letter on a lawyer's letterhead often prompts a response where a homeowner's own emails haven't, and it demonstrates to a court, if the matter proceeds, that the contractor had a genuine opportunity to comply first.
Step 3 — Decide Whether to Pursue a Claim
If the contractor still won't act, a civil claim for breach of contract is the usual next step. The right court depends on the value of the repair or remedy at stake — Small Claims Court, Simplified Procedure, or ordinary Superior Court process, in roughly ascending order of claim size and complexity. If the home was newly built, a separate new-home warranty program may also apply on top of your contractor's own warranty — that's worth checking into separately, since it runs on its own rules and timelines.
What If the Contractor Has Closed or Become Unreachable?
This is one of the harder scenarios. Depending on the circumstances, you may still be able to pursue a claim against the business or the individual behind it, though enforcement becomes more difficult if they have limited assets or operated through a corporation with limited personal exposure. In some cases, the practical path is to hire someone else to complete the warranty repairs and then pursue the original contractor for the cost — a step worth discussing with a lawyer given how fact-specific the analysis is.
Frequently asked questions
What if my warranty says the contractor has discretion over whether to fix something?
Discretion in a contract term is generally expected to be exercised reasonably, and it doesn't erase the underlying obligation to deliver work that meets the standard the contract promised. Whether a specific discretionary clause is enforceable the way the contractor is reading it depends on the exact wording — get advice on your specific contract.
Does a verbal warranty promise count, or does it need to be in writing?
A promise made and relied on can still be part of the contract even if it wasn't written down, but it's much harder to prove later. Written terms are always stronger evidence, which is exactly why a written demand referencing the exact clause matters so much once a dispute starts.
How long do I have to enforce a warranty claim?
Ontario's general limitation period gives you a set window to start a claim, running from when the problem was — or reasonably should have been — discovered, subject to a longer outer limit measured from the original work. Timelines are fact-specific, so don't assume you're either safely within time or already too late without checking.
Is Small Claims Court enough for a warranty dispute?
Often, yes, depending on the dollar value of the repair or remedy you're seeking — Small Claims Court's monetary jurisdiction covers many warranty-sized disputes, though you should confirm the current threshold before deciding.
Can I withhold payment until the contractor fixes the deficiency?
Sometimes, but this needs care. Withholding money you legitimately owe can expose you to a claim of your own if you get it wrong, so get advice specific to your contract before deciding to hold back payment.
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