Your Complaints are Warranted: Important Information about 2-5-10 Warranty Repairs


Naomi Rozenberg, Partner
Phone:  604-685-3911



Homeowners and strata corporations that submit 2-5-10 new home warranty claims ultimately want their construction defects to be repaired.

However, many owners are not familiar with a warranty provider’s claims handling obligations, or what it means to have a defect repaired under a 2-5-10 warranty.

Lesperance Mendes has compiled a list of 8 essential facts about 2-5-10 warranty repairs, including mandatory requirements found in the Homeowner Protection Act (HPA) Regulation.

  1. Timing of Repairs: A warranty provider must make all reasonable efforts to avoid delays in scheduling any required repairs. Repairs must be undertaken in a timely manner, with reasonable consideration given to weather conditions and the availability of materials and labour. If the builder does not correct defects within a reasonable time – generally 30 days – the warranty provider is expected to arrange for repairs to be completed by another qualified party. 
  1. Access for Repairs: An owner must permit the warranty provider or builder, or both, to enter the home at all reasonable times and on reasonable notice to undertake warranty repairs.
  1. Quality of Repairs: All repairs and replacements made under home warranty insurance must be completed in a reasonable manner using materials and labour conforming to the building code and industry standards.
  1. Warranty on Repairs: All repairs and replacements made under home warranty insurance must be warranted against defects in materials and labour until the later of:

a. the first anniversary of the date of completion of the work, and

b. the expiry of the applicable warranty coverage.

  1. Repair Specifications: On completion of any repairs, the warranty provider must deliver a copy of the repair specifications to the owner along with a letter confirming the date the repairs were completed and referencing the repair warranty.
  2. No Release or Deductible: A warranty provider must not require an owner to (a) sign a release before repairs are performed under home warranty insurance or (b) pay a deductible for the repair of any defect covered by the warranty.
  3. Living Out Allowance: If warranty repairs are required and damage or the extent of the repairs renders the home uninhabitable, the 2-5-10 warranty must cover reasonable living-out expenses incurred by the owner. The policy will typically establish a maximum amount per day for living-out expenses of at least $100/day.
  4. Repair History: Upon request, a warranty provider must provide an owner with a history of warranty claims that includes, at a minimum:

a. the type of claim that was made;

b. the resolution of the claim;

c. the type of repair performed;

d. the date of the repair; and

e. the cost of the repair.

A warranty provider may charge a fee of up to $25 to provide the history of claims.

Takeaway: If you or your strata corporation has submitted a 2-5-10 warranty claim, consider seeking legal advice if:

    • Warrantable defects are not being repaired in a timely manner or at all.
    • You are dissatisfied with the quality or scope of the warranty repair work.
    • The builder is repairing the defects, but the warranty provider has not clearly communicated its position on warranty coverage or confirmed that the work is being done as a 2-5-10 warranty repair.
    • You have not received repair specifications for defects repaired under the 2-5-10 warranty.
    • You are frustrated by the 2-5-10 warranty provider’s handling of your warranty claims.

Lesperance Mendes represents owners with 2-5-10 warranty and construction defect claims.  Visit us at for more information.

Please contact Naomi R. Rozenberg to schedule a consultation and to receive a complimentary copy of our Guide to 2-5-10 Warranties.

THIS ARTICLE IS NOT LEGAL ADVICE:  This article provides general information and should not be relied upon without independent legal advice with respect to the specific facts of your case.