January 27, 2012
Kleinfeldt is currently assisting a residential condominium in Oakville in a Tarion warranty claim by evaluating apparent deficiencies in their buildings. In an ideal situation, deficiencies are first identified in a Performance Audit and submitted to Tarion, and are then fixed. However, in this particular file, Kleinfeldt prepared a series of reports outlining major structural defects (MSDs) which required repairs. These reports were then used by the condominium corporation to file a claim to Tarion, claiming for MSDs.
Tarion Warranty Corporation is responsible for administering the Ontario New Home Warranties Plan Act, which outlines the warranty protection that new home and condominium builders must provide, by law, to their customers. Tarion’s consultant reviewed the corporation’s reports and the items were deemed as being outside warranty coverage, with Tarion ultimately denying the claim.
As stated on the company’s website, Tarion works with the building industry to help educate new home buyers about their warranty rights, and about how to protect and maintain their warranty. The residential condominium in Oakville now wants to appeal Tarion’s decision, and Kleinfeldt is assisting in their claim by reviewing the Tarion’s report, evaluating apparent deficiencies on the buildings as noted in our original report by providing expert testimony at a Licence Appeal Tribunal.
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