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Red flags in a fence contract in Barrhaven?

Question

Red flags in a fence contract in Barrhaven?

Answer from Fencing IQ

A fence contract that leaves out the written scope, the price breakdown, or the start and finish dates is the first thing to look at carefully. Ontario's Consumer Protection Act, 2002 requires any direct agreement over $50 to be in writing and delivered to you, and gives you 10 days to cancel after you receive that written copy. If an estimate is included, the supplier cannot charge more than 10 per cent above it.

Here are the specific things worth reading closely before you sign:

  • No written scope. If the contract does not name the material, the style, the height, the length of the run, and the number and size of gates, you have no basis to dispute a substitution later. Ask for every item spelled out.
  • Vague pricing. A lump sum with no line items makes it hard to see what you are paying for removal of the old fence, gate hardware, or posts set in concrete. Ask for a line-by-line breakdown.
  • A large deposit with no milestone tied to it. We found no Ontario rule capping deposits on a fence job, so the contract itself is your only protection. Ask what work the deposit covers and what triggers the next payment.
  • No mention of who requests the locate. Ontario's Underground Infrastructure Notification System Act, 2012 requires a locate request before any digging. Ontario Dig Authority asks for it at least 5 business days ahead. The contractor is the excavator on a hired job and carries that responsibility, but the contract should say so plainly.
  • Missing warranty terms. If a warranty is only mentioned out loud, ask for it in writing, with a clear description of what it covers and for how long.
  • No finished-side commitment. The City of Ottawa Fence By-law, as published on ottawa.ca, requires the finished side to face the public street and neighbouring properties. If the contract does not specify which side is finished, ask for it in writing.
The Construction Act requires an owner to hold back 10 per cent of the price as work is supplied; ask a lawyer about release timing on a larger job.

The request form on this page forwards your project to fence installers listed in the Ottawa Construction Network directory.

Before you sign, ask the installer to show you exactly how the price changes if the ground conditions require a different post placement than the contract assumes.

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Fencing 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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