Tarion Warranty Claims

Tarion Warranty Claims — Engineering Support That Gets Results

Filing a Tarion claim without engineering documentation is how valid deficiencies get denied. We document defects to the Ontario Building Code, manage the claim strategy, and stand behind our reports at conciliation and the Licence Appeal Tribunal. Serving homeowners and condominium corporations across Toronto, Mississauga, Brampton, Vaughan, Markham, Oakville, Pickering, Oshawa and all of the GTA.

Who We Help

Boards, Homeowners, Lawyers and Insurers

Tarion’s pre-approved and preferred engineering consultant for six consecutive years — trusted on both sides of the process to be independent and evidence-based.

Condominium Corporations

Common-element warranty claims from the first-year performance audit through the builder's 18-month repair period and beyond.

  • Common-element claim preparation and strategy
  • Water penetration and envelope failure analysis
  • Major Structural Defect (MSD) investigations
  • Review of builder repair proposals and workmanship
  • Negotiation support with builders and Tarion
  • Expert reports for conciliation and the LAT

Homeowners

Individual warranty claims done right the first time — before deadlines pass and evidence disappears.

  • 30-day and year-end form support with engineering evidence
  • Year-two water penetration and systems claims
  • Seven-year major structural defect claims
  • Independent assessment before you sign off on builder repairs
  • Insurance claim investigations for construction deficiencies
The Tarion Process

Conciliation, Field Review, Mediation and Appeals — Where Engineering Evidence Decides the Outcome

Most warranty claims are won or lost on documentation, not argument. Here is how Ontario's process actually works, and where an independent engineer changes the result.

1. Builder Repair Period

Submitting a warranty form starts a 120-day period for the builder to repair or resolve the items on your form.

  • We document each deficiency against the Ontario Building Code and Tarion's Construction Performance Guidelines — the two standards Tarion actually assesses against
  • Precise, defensible descriptions prevent the most common failure: an item denied because it was described too vaguely for the builder to act on
  • We review proposed repairs before you accept them, so a cosmetic fix isn't signed off over an unresolved root cause

2. Conciliation & the Field Review Inspection

If the builder doesn't resolve a warranted item, you can request a conciliation. Tarion charges a fee — $250 + HST for an individual homeowner's unit, or $1,130 ($1,000 + HST) for a condominium corporation's common-element claim — refunded if any assessed item is found to be covered. A Tarion Warranty Services Representative attends the property with the builder and assesses each item as an impartial decision-maker.

  • You are responsible for presenting your position — we prepare the technical evidence package, photographs, testing results and code references
  • We attend the conciliation inspection with you, so the engineering case is made in the room rather than in a document nobody reads aloud
  • For condominium common elements, we tie findings back to the performance audit and Tracking Summary record — note the corporation's repair period runs 18 months from the anniversary of registration, with 60 days after that to request conciliation
  • Tarion may bring in a specialist during the inspection — your position should be equally well supported

3. The Conciliation Assessment Report

Tarion issues a report stating which items are warranted. The builder then has a final 30 days to resolve them — for common elements, Tarion follows up with the corporation 90 days after the report date.

  • We review the report against our findings and flag items assessed on incomplete information
  • We inspect the builder's completed repairs and confirm whether the defect is genuinely resolved
  • Where the builder fails to resolve items, we support your submission to Tarion for compensation or third-party repair

4. Mediation and the Licence Appeal Tribunal

If you disagree with Tarion's assessment, you can request a Decision Letter, ask Tarion to arrange independent mediation, and ultimately appeal to the Licence Appeal Tribunal (LAT).

  • To be clear about our role: we are not mediators and not a substitute for legal counsel — mediators are independent and arranged through Tarion, and appeals are legal proceedings
  • What we provide is the independent engineering evidence those processes turn on: expert reports, root-cause analysis and remediation cost opinions
  • Expert witness testimony at the LAT, and technical support to your lawyer throughout
  • Independent third-party opinions where Tarion has relied on a report you believe is incomplete

Preparing for a conciliation? Read our step-by-step guide: Tarion Conciliation: What to Expect and How to Prepare

Before You Sign Off on a Builder's Repairs

Get an independent engineer's opinion first. Deadlines in the Tarion process are unforgiving — contact us early.

Discuss Your Claim →

Very professional, friendly and timely resolution.

Homeowner, Muskoka
Tarion dispute with builder
FAQ

Common Questions

What is a Tarion conciliation, and when should I request one?

Conciliation is Tarion's assessment process: a Warranty Services Representative inspects the items on your warranty form — usually at the property, with your builder present — and decides whether each is covered under the Ontario New Home Warranties Plan Act. Request one when the builder has not resolved a warranted item within the 120-day builder repair period. Timelines are strict and depend on your warranty start date, so check your dates early.

Is this the same as a Tarion Bulletin 19 Field Review Consultant?

No — and the two are easy to confuse because they share a name. A Field Review Consultant (FRC) is a firm authorized by Tarion under Registrar Bulletin 19 to carry out quality reviews during construction of higher-risk condominium projects, engaged by the builder. The conciliation field review inspection described on this page is Tarion’s own site attendance after a warranty claim has been made, to assess disputed items. HexoTech does not currently hold Bulletin 19 Qualification Status and does not offer RB19 field review services. What we provide is independent engineering evidence for condominium corporations and homeowners bringing claims — on the other side of that process.

What happens at the conciliation field review inspection?

The Tarion representative asks questions, makes observations, takes photographs and may bring in a specialist. You are responsible for presenting your position and supporting documents. This is where an engineering report, testing evidence and code references carry the most weight — and where we attend alongside you.

Can I get a mediator for a Tarion dispute?

Yes — after a Conciliation Assessment Report you can ask Tarion to arrange mediation with an independent external mediator, in most cases at Tarion's cost. That mediation is between you and Tarion. HexoTech is not a mediator: we are the engineers who prepare the independent technical evidence you bring into mediation, or into a Licence Appeal Tribunal appeal.

What is a chargeable conciliation, and why does it matter to a builder?

If Tarion finds the builder did not meet their warranty obligations during the repair period, the conciliation is deemed "chargeable": the builder pays Tarion's inspection fee and the result is recorded on their Ontario Builder Directory record for 10 years. This is why well-documented claims often get resolved before conciliation — and why builders take engineering evidence seriously.

What does the Tarion warranty cover?

New Ontario homes and condominiums carry warranties over one year (workmanship and materials), two years (water penetration, major systems) and seven years (major structural defects). Common elements of condominiums have parallel coverage that begins at registration.

Do I need an engineer to file a Tarion claim?

It isn't mandatory — but valid deficiencies are routinely denied because the documentation doesn't tie the defect to the Ontario Building Code or the correct warranty category. As Tarion's pre-approved consultant, we know exactly what evidence gets deficiencies acknowledged and repaired.

What is a Major Structural Defect (MSD)?

A defect in work or materials that affects a load-bearing element of the building and materially compromises its structural integrity — covered for seven years. MSD claims almost always require an engineering investigation to succeed.

Can you help after a builder disputes our claim?

Yes. We prepare expert reports for Tarion conciliation and Licence Appeal Tribunal (LAT) proceedings, review builder repair proposals, and provide expert testimony where needed. We work alongside your legal counsel.

Do you work for homeowners as well as condo boards?

Both. We represent individual homeowners on 30-day, year-one, year-two and seven-year MSD claims, and condominium corporations on common-element claims following the performance audit.

Serving the Greater Toronto Area & Ontario

Toronto • North York • Scarborough • Etobicoke • East York • Mississauga • Brampton • Vaughan • Richmond Hill • Markham • Thornhill • Aurora • Newmarket • Stouffville • King City • Oakville • Burlington • Milton • Halton Hills • Pickering • Ajax • Whitby • Oshawa • Caledon — plus Hamilton, Ottawa and communities across Ontario.

☎ Call Us Get a Quote →