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Old 2008-07-10, 10:16 PM
prince prince is offline
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Question Tarion Warranty. Has anybody here actually used it?

A couple of months after filing our 30 days list, we received a letter from Tarion that we'll have 2 more months to report any unfinished errors from the list or Tarion assumes that they are fixed. A couple of week before the deadline I contacted our warranty services to give them a heads up for our deadline.

The answer that I received from the builder implied that sending the list of unfinished items would be considered like filing a complain against the builder and after that whatever they do for us would be just to satisfy building codes and nothing more (of course we all expect more from our builders right?) This was a surprise for me since by no means we want to have a hostile relationship with our builder. However, having paid for the warranty, you expect something back out of it and there are still a number of items remained from our 30 days list that should be fixed.

So now I wonder if anybody here in this forum has actually reported the unfixed errors from their 30 days list to Tarion and if so, what was the consequences for doing that.
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Old 2008-07-10, 10:57 PM
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Inspector Phil Acker Inspector Phil Acker is offline
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When you sent in your 30-day list, your expectation was that the items identified were deemed actionable and valid as warranty claims issues. Assuming you sent a copy of your 30-day form to both your builder and to Tarion, two things should have happened:
1) Tarion acknowledged the receipt of your claim form by a letter to you, giving you timelines for notification to Tarion if their intervention was required.
2) The builder met with you, reviewed all the items on your claims form, and set out an expectation for completion of items, or explaining why certain items were not valid and removing them from their action.

In the letter from Tarion, they told you about two dates:
1) The first date was out 150 days from the date of possession. In this period of time, the expectation was that the items would be corrected to your satisfaction. The exception would be "seasonal" items, an example being paving your driveway, which is often completed when appropriate [but with the builder telling you roughly when to expect completion]. If at the end of this period, you are not satisfied and need Tarion's intervention, you call Tarion. You have a 30 day period in which to call Tarion.
2) Which brings us to the second date in the letter, being the 180th day from the date of possession. If you do not contact Tarion by this date, they will assume you are satisfied with the builder response to your 30-day claim form, and they close action for this reporting period.

Now lets get back to your query. The builder should not be intimidating you to prevent you from bringing the issues to Tarion's attention when the first date has passed and you are not satisfied with the builder's resolution on your issues. Call Tarion and discuss the issues with them, and request that Tarion intervene. They will call a concilliation meeting, but they give the builder at least 30 days to clean up open items which otherwise would be reviewed in the concilliation meeting. Go to the Tarion web site and spend an evening familiarizing yourself with the warranty claims process.

The builder's do not like going to concilliation: most often they scramble to get outstanding items completed and off the table. In your favor are items recognized on the PDI form but not completed, and items that are warranted as described in the Tarion document "Construction Performance Guidelines" found on the Tarion web site.

Hope this helps.
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Old 2008-07-11, 07:00 AM
Swerve Swerve is offline
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Great information!

With our last builder we ended up giving up on some of the small things, it was too much of a hassle. However this time around and being more experience this round. I don't plan on giving up as easy, spending alot more money and this is going to be my long term house.

Prince, hope it all works out in the end for you.
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Old 2008-07-11, 07:57 AM
prince prince is offline
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Quote:
Originally Posted by Swerve View Post
Great information!

With our last builder we ended up giving up on some of the small things, it was too much of a hassle. However this time around and being more experience this round. I don't plan on giving up as easy, spending alot more money and this is going to be my long term house.

Prince, hope it all works out in the end for you.
Swerve, I am quite sure that it will work out for us. As mentioned, it is important to maintain a good relationship with the builder and I believe our builder is also willing to keep the good reputation they have. We can see that they come and fix some items but it moves slowly. Anyways, as long as it moves and they show up and fix issues, we'll be happy. However, my point was that it seems that all power is in the builders hand. If you file a claim to Tarion, then your super high quality builder (whoever it is, not only our builder) turns to a super standard builder and does only items that are defined in the building code and deliver with minimum standard as required in the code It is always good to be in the field with knowledge and experience so for sure you would have less problem this time with your new home.

And Phil, thanks a lot for the professional advise.

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