Does the Construction Act holdback apply to a homeowner waterproofing job in Orleans?

Ontario's Construction Act requires an owner to retain a 10 per cent holdback as work and materials are supplied, and we found no exemption for homeowners, so plan for it on a waterproofing job in Orleans.

Without certified substantial performance, a lien expires 60 days after the work is completed, abandoned or terminated. When to release the holdback is a legal question: on a larger job, ask a lawyer about release timing before the final payment.

A few things worth having in writing before any money changes hands:

• a written agreement with a fair description of the work, an itemized price list, and start and completion dates (the Consumer Protection Act, 2002 requires this for any direct agreement over $50 made at your home)
• the 10-day cancellation window, which runs from the date you receive that written copy
• the warranty terms: what is covered, for how long, and whether the warranty transfers to a buyer
• ask for the contractor's insurance details in writing
• ask whether a licensed plumber does or signs off the plumbing portion, if the work involves a sump, a backwater valve or any change to the drainage system

The Consumer Protection Act, 2002 also says that if the contract includes an estimate, the final charge cannot exceed it by more than 10 per cent. Services are deemed to be of reasonably acceptable quality, and any term that tries to remove that deemed warranty is void.

Ask to see the written warranty before you sign, and confirm in writing exactly what scope of work the price covers, so there is no dispute over what "complete" means when the holdback comes due.