Contractor omitted mandatory edge restraints on paver walkway, claims it's an "optional upgrade." Valid Small Claims case?
Hi everyone, Looking for some advice on a contract/warranty dispute with a hardscaping contractor in the GTA (Ontario).
Background:
Project: Interlocking paver walkway installed in my yard.
Timeline: Completed last fall (less than a year old).
Cost: Approximately $7000 paid in full.
Warranty: The contract explicitly includes a written 7-year installation warranty.
The Issue:
This spring, the border pavers began shifting outward, dropping vertically, and opening wide gaps. I pulled back the adjacent stones today and discovered the contractor completely omitted edge restraints (plastic/metal tracks and spikes) along the entire perimeter. The pavers are sitting raw against the dirt with zero lateral containment.
The Dispute:
I sent the contractor photographic proof of the missing edging and requested a warranty repair. He texted back claiming:
1 Shifting is just from "freeze/thaw cycles."
2 "Edge restraints were not included in the original project scope or package selection." He claims because I didn't select it as an add-on package, they aren't responsible.
3 He refuses to lift or re-level the stones anywhere—including a section along a retaining wall where the pavers have noticeably dropped—and is insisting a quick patch of polymeric sand will fix it.
Industry standards (CMHA/ICPI) dictate that edge restraints are a mandatory structural requirement for interlocking pavers to prevent failure, not a luxury upgrade.
My Questions:
1 Can a contractor legally argue that a mandatory structural component was an "optional add-on" to evade a written installation warranty?
2 If I let him do this useless sand patch and it immediately fails, what is my best path forward for Small Claims Court? Do I need a formal inspection report from a third-party contractor first?