Susan Irwin | Jun 08, 2011


By Susan Irwin, Executive Director / Lawyer, Rural Legal Services


There’s nothing like a long winter followed by a long, wet, spring, to remind homeowners about those repairs some realtors have been known to describe as “deferred maintenance” items. Aging houses sooner or later need new steps, or a window or two, or a door, or any number of repairs or upgrades that just have to be done.

In an area such as ours, we are lucky to have many competent and honest builders and home repair people who do a good job for a reasonable price. Unfortunately, there are always a few who seem to do better sales jobs than actual work. This may account for “Home Renovations/Repairs” appearing as the number two consumer complaint for many years on the Top 10 Consumer Complaints listing complied by the Ontario Ministry of Consumer Services.

Getting relatively small jobs done in a rural area can be a problem. In the first place, it is often difficult to have people agree to take the time to drive out to look at your home and give an estimate, especially during the busy season, i.e., right now! They are generally more interested in larger jobs, such as replacing a whole roof, rather than trying to just fix a leak, or building a whole deck instead of just replacing some rotting steps. Many trades people know they won’t have time for any new work for several weeks, if not months, and they often don’t want to lose a whole afternoon – or evening – by having to drive many kilometers to price a small job.

If you are a senior or on a low or fixed income, you may not have the option of paying extra to have the work done by somebody from outside the area (mileage is usually added on to the price). And some repairs cannot wait until work slows down in the fall. This reality often leads people to ask around until they hit upon a “handyman” who agrees to take a look at the job.

At this point, homeowners are best advised to be extremely cautious. The costs of even a “small” job around the house can quickly add up, so it is essential to communicate exactly what you want done, and the quality of the materials that are to be used. In addition, a time for completion must be clearly agreed upon, or you may end up waiting until the fall anyway! It is best to write down a list of the repairs that you want done and to have it ready for when the handyman shows up to look at the project. If you think you can do business with the handyman, now is the time to talk to other people who have used him: if references can’t be provided, or if asking for them is seen as an insult, it’s time to think about finding somebody else.

Once you have spoken to at least of couple of former customers, and you want to go ahead with the job, insist on a written estimate, setting out the work that you have agreed to have done, the materials to be used and their cost, the cost of labour, the amount of tax and permit fees (if any); the date(s) upon which the work will be carried out and a payment schedule. Any deposit or initial payment should be very small indeed and preferably not made at all for small repair jobs. Never pay the whole amount of the contract up front.

If the handyman claims he needs a significant portion of the agreed upon amount for materials in advance of starting the work, it is a good idea to consider having the materials delivered to your home and arranging to make payment directly to the supplier. Final payment should not be made, under any circumstance, until all the work is done and you are satisfied with the workmanship. You should also satisfy yourself as to the need for a building permit, and make certain it is obtained: even small jobs sometimes require a permit and one or more inspections.

It may be a small job, but it can quickly spiral out of control. The onus is on the homeowner to exercise common sense and caution. Getting an estimate, handing over the money, and watching it disappear with the handyman’s truck - never to be seen again - is not an unknown event. Remember, as well, that there is a reason why plumbers and electricians are licensed and that you are taking a chance having plumbing or electrical work done by unqualified people.

If you haven’t done your homework (no pun intended), and no work is done even though money has been paid, or the work is of poor quality and not what you thought you had agreed to, then you do have legal rights and remedies. Unfortunately, the remedy usually involves a Small Claims Court action and, in that case, it will take time and you are without any guarantee that you will be able to recover your damages from the handyman after obtaining judgment.

Large jobs and expensive renovations present more complicated legal issues and, although the same basic principles apply, this column is intended only to act as a cautionary note to people looking to get small repair jobs done. Tenants should not be getting into the repair business; that is a duty placed upon landlords.


Legalese is a column of general information and opinion on legal topics by the lawyers of Rural Legal Services, Box 359, Sharbot Lake, ON, K0H2P0, 613-279-3252, or 1-888-777-8916. This column is not intended to provide legal advice. You should contact a lawyer to determine your legal rights and obligations.

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