Contractor Insights

What a Renovation Contract
Should Protect You From

Apr 29, 2025 · 8 min read · By Dream Touch Renovations Ottawa

What a Renovation Contract Should Protect You From
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I've reviewed maybe 200 renovation contracts in my career, including ones written by competitors that landed on my desk after the homeowner fired the contractor. The pattern is consistent. The contracts that work are 12-18 pages with clear language. The ones that fail are 3 pages with friendly language and almost no protections.

An Ottawa renovation contract is the document that decides who pays when something goes wrong. Not whether something will go wrong: every renovation has a few moments where someone has to make a decision and write a cheque. The contract decides who.

Here's what a good renovation contract in Ontario should protect you from, and the specific language to look for before you sign anything.

Scope creep without price impact

The single most common dispute on renovation projects: "did the original contract include this work, or is it extra?"

The fix is a scope of work that lists specific inclusions and explicit exclusions. Not "kitchen renovation" as the line. Instead: "Demolition of existing cabinets, countertops, and tile backsplash. Installation of 14 base cabinets and 11 wall cabinets per attached drawing dated April 28. Quartz countertop, 30 sq ft, with a named level-1 stone allowance. Tile backsplash, 32 sq ft, with a named material allowance. New under-cabinet LED lighting. Excludes: appliance installation, electrical panel upgrade, structural changes." Naming an allowance for each selection keeps the proposal transparent without locking the homeowner into a finish they haven't picked yet.

The longer your scope section, the fewer fights you'll have during the build. A 3-line scope with the word "etc." in it is an invitation to disagree later.

Deposit structure that's actually reasonable

Ontario doesn't cap renovation deposits, but reasonable industry practice is a modest percentage on signing, sometimes higher for projects with significant custom work. We typically structure deposits as a small percentage on contract, a larger draw at start of demo, then progress payments tied to milestones (rough-in complete, drywall complete, cabinets installed, etc.) with a 10% holdback at substantial completion.

What you should never agree to: handing over half the contract before any work begins. That's an irrecoverable risk if the contractor disappears, gets sued, or just walks. The Construction Act in Ontario provides limited protection here, but recovery of a large up-front deposit from a contractor who's in trouble is slow and partial.

The exception: if your project includes significant custom fabrication (cabinets, custom millwork, imported materials), the contractor may need a larger deposit to fund those orders. In that case the contract should specifically tie the deposit to the order being placed and provide proof of order.

The deposit is a measure of trust before the work has tested the relationship. The smaller and more progressive it is, the better aligned both parties are.

Change orders that price time, not just money

This is the biggest single weakness in renovation contracts I review. The change order clause talks about cost. It rarely talks about time.

What a good clause looks like: "All changes to the scope of work require a written change order signed by both parties before the work proceeds. Each change order will include: (a) the dollar impact to the contract price, (b) the schedule impact in calendar days, (c) the trades affected, and (d) the new substantial completion date if changed."

Without that language, you'll approve a change order to widen the island and find out three weeks later that the project is two weeks behind because the cabinet maker had to redo the panel layout. The contractor will say "the change order didn't say there'd be no delay." The contract will be on their side.

The lien holdback you must hold back

Ontario's Construction Act requires a 10% statutory holdback on every contract. This is not optional. The homeowner is required to retain 10% of every payment for 60 days after substantial completion to protect against subcontractor liens.

What this means in practice: if you pay the contractor 100% of every invoice without holdback, and the contractor doesn't pay a subcontractor, the subcontractor can register a lien against your property. You may end up paying twice for the same work.

A good contract names the holdback explicitly: "10% of each progress payment will be retained by the Owner pursuant to the Construction Act and released no earlier than 60 days following substantial completion of the contract, subject to lien searches confirming no claims have been registered."

The lien search step

Before releasing the 10% holdback, do a title search to confirm no subcontractor liens have been registered against your property. Your real estate lawyer can run this for a modest flat fee. It's the cheapest insurance you'll buy on a renovation. Skip it and the holdback can become someone else's recovery.

Warranty language that names what's covered

"One-year warranty" is not a warranty. It's a marketing line. The contract needs to specify what's covered, what isn't, what triggers the warranty, and how warranty calls are handled.

What we put in our contracts: 1-year Dream Touch workmanship warranty starting at substantial completion, covering defects in workmanship and finishes. 25-year manufacturer's warranty on cabinet hardware, fixtures, and materials per the manufacturer's terms. 10-year structural warranty on framing, structural modifications, and load-bearing work.

What we exclude: damage caused by use beyond design intent, settlement cracks under 1/8 inch (normal for new construction), wear-and-tear on consumable surfaces, and issues caused by changes the homeowner made post-completion.

What our warranty calls look like: written notice within the warranty period, response within 5 business days, repair scheduled within 30 days for non-emergency items. Emergency items (water, gas, electrical) get same-day or next-day response.

Without that level of specificity, "1-year warranty" can mean almost anything when something goes wrong.

Termination rights for both parties

Most contracts I see give the contractor extensive termination rights and the homeowner almost none. The right structure is symmetric.

Owner can terminate for: failure to perform per the schedule beyond a defined cure period, abandonment of the project, repeated material defects in workmanship, failure to maintain insurance or licensing.

Contractor can terminate for: non-payment beyond a defined cure period, failure of the homeowner to make decisions blocking the work for an extended time, unsafe conditions, scope changes the homeowner refuses to fund.

Either way, termination should require written notice with a defined cure period (10-15 business days is typical), and the contract should specify how partial work gets valued and paid.

Dispute resolution before lawyers

Court is the worst way to resolve a renovation dispute. It's slow, expensive, and adversarial. A good contract escalates disputes through three steps: direct discussion between owner and contractor (defined timeline), mediation through a named mediator or service, then arbitration or court only if the first two fail.

This isn't legalese. It's practical. 90% of renovation disputes resolve at the discussion stage if both parties have a clear path to escalation. Without the path, disputes either fester or jump straight to lawyers.

Insurance requirements stated plainly

The contract should require the contractor to maintain:

What you should ask for: certificates of insurance directly from the contractor's broker, not a copy from the contractor. Brokers issue these at no charge and they're valid proof of current coverage. A photocopy of an old certificate isn't.

Permit responsibility, named

The contract should name who's responsible for pulling permits and who pays for them. Standard practice in Ottawa: the contractor pulls the permits, the homeowner pays the city fees. The contractor's pricing should include the permit application work; the city's $117 minimum and any plan-review fees flow through to the homeowner.

What's a red flag: a contract where the homeowner is asked to pull the permit themselves. This usually means the contractor isn't comfortable putting their name on the permit, which is a signal you should investigate. Ottawa contractors should be comfortable being the named permit applicant.

Schedule with substantial completion defined

"Substantial completion" is a legal term. It's the moment when the project is sufficiently complete that the homeowner can reasonably use it for its intended purpose, even if minor punch-list items remain. Substantial completion triggers the 10% holdback period and the start of warranty.

The contract should define substantial completion against a checklist, not against vibes. We use: "All trades complete except final painting touch-ups, hardware adjustments, and items on the agreed punch list, none of which prevent the homeowner's use of the renovated space for its intended purpose."

Without that definition, "substantial completion" becomes a negotiation. With it, both parties know when the milestone has been hit.

The 11 clauses I check first

Quick checklist for any Ottawa renovation contract:

  1. Detailed scope with explicit inclusions and exclusions
  2. Allowance line items for selections not yet made
  3. Reasonable, progressive deposit and payment structure
  4. Change order clause that prices time and money
  5. 10% statutory holdback called out
  6. Warranty terms with named coverage, exclusions, and response times
  7. Termination rights, symmetric, with cure periods
  8. Dispute resolution path with mediation step
  9. Insurance requirements with certificates required from broker
  10. Permit responsibility and fee allocation named
  11. Substantial completion defined against a checklist

If a contract has all 11, it's a contract that respects both parties. If it's missing 4 or more, the contractor either doesn't know what should be in a contract or doesn't want you to.

Have your real estate lawyer review any substantial renovation contract. An hour of legal review is the cheapest insurance on a major project. Most lawyers will spot anything I missed in this article.

Dream Touch publishes a sample contract for new clients to review before any quote conversation. Free 48-hour walkthrough at 613-862-4555.

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