Construction Disputes Lawyers

Construction projects go wrong in two directions: the owner is unhappy with the work, or the contractor is not getting paid. A construction lawyer can tell you where you stand, protect your rights before a deadline passes and help you settle the dispute or take it to court. On this page you can compare Quebec lawyers who handle construction disputes, for homeowners and contractors alike, see their rates and availability, and book a consultation online.

Construction disputes are one part of civil law. For contracts, defects, property damage and other private disputes, see our page on civil lawyers.

What a construction lawyer does

Depending on which side you are on, a lawyer can:

• Review the contract: the price, the plans, the change orders and what was actually promised.
• Assess the problem: whether the work is defective, unfinished or simply different from what you expected, often with an expert's help.
• Send or answer a demand letter: the formal notice that usually opens a construction dispute in Quebec.
• Protect a payment claim: including the legal construction hypothec for contractors, subcontractors and suppliers.
• Negotiate, mediate or litigate: and represent you in court if the matter cannot be settled.

Common construction disputes

• Defective work: poor workmanship, work that does not follow the plans, the building code or the rules of the trade.
• Unfinished work: a contractor who leaves the site before the job is done, or stops answering.
• Delays: a project that drags on and costs the owner rent, storage or lost business.
• Cost overruns and extras: disagreements over whether extra work was requested, approved and priced.
• Unpaid invoices: an owner who withholds payment, or a general contractor who does not pay its subcontractors.

Unpaid contractors: the legal construction hypothec

In Quebec, people who took part in building or renovating a property, such as contractors, subcontractors, workers, suppliers of materials, architects and engineers, can have a legal hypothec on that property for the value of the work or materials they provided. It is set out in the Civil Code of Québec.

This protection is powerful but unforgiving. The deadlines to register the hypothec and then to keep it alive are strict and short, and a subcontractor or supplier who did not deal directly with the owner generally has to notify the owner of its contract. Miss a step and the hypothec can be lost. If you are owed money on a project, or you are an owner who received such a notice, talk to a lawyer quickly.

The legal warranty of quality and loss of the work

The Civil Code protects owners even when the contract says nothing. The contractor must deliver work that complies with the contract and the rules of the trade, and remains responsible for poor workmanship discovered for a period after the work is accepted. When the work is formally accepted, owners can note reservations about visible problems, and they may generally hold back a reasonable amount until those problems are fixed.

For more serious problems, the contractor, and in some cases the architect or engineer, can be liable for the loss of the work: a defect in design, construction or the ground that threatens the building's integrity. That liability lasts several years after the work is finished.

New homes: the residential construction guarantee

If you bought a new home or condo from a builder, it may be covered by the mandatory guarantee plan for new residential buildings, administered by Garantie de construction résidentielle (GCR). The plan can cover things like deposits, completion of the work and certain defects, within limits and deadlines set by regulation. Claims follow a specific process, with its own conciliation and arbitration steps, so check your coverage early and keep every written notice.

Check the contractor's RBQ licence

Most contractors in Quebec must hold a licence from the Régie du bâtiment du Québec (RBQ). Before you sign, and again if a dispute starts, look up the contractor in the RBQ licence register: whether the licence is valid, which categories of work it covers, and whether there are decisions against the business. For contractors, holding the right licence can matter when you try to recover payment.

How construction disputes work in Quebec

Most cases follow the same path:

• Gather the paper trail: the contract, quotes, change orders, invoices, payments, photos and messages.
• Get an expert report: a building expert, engineer or architect documents the problem and the cost to fix it. It is often the key piece of evidence.
• Send a demand letter: a formal notice (mise en demeure) that sets out what you want and gives the other party a chance to correct the work or pay.
• Try to settle: Quebec's rules of civil procedure expect parties to consider negotiation or mediation before going to court, and many construction cases settle there.
• Go to court if needed: depending on the amount and the nature of the claim, the case goes to the small claims division or the civil chamber of the Court of Québec, or to the Superior Court.

Claims are also subject to prescription periods, so waiting can cost you the right to sue. If the dispute involves a property purchase or a co-ownership, a real estate lawyer may also be useful.

When to get a lawyer

• You are owed money on a project and want to protect a legal hypothec.
• You received a demand letter, a hypothec notice or a lawsuit.
• The work is defective or unfinished and the contractor will not come back.
• You are about to accept the work and want to note your reservations properly.
• A new-home warranty claim was refused or is stalled.

Preparing for your consultation

Bring the contract and any change orders, invoices and proof of payment, photos of the work, any expert report, and your messages with the other side. Note the key dates (start of work, end of work, acceptance) without guessing. Ask the lawyer how they charge and what an expert report may add to the cost.

Compare and book on JustiConnect

Browse the lawyers listed below, filter by location, rates and availability, and book a consultation directly. You can also search all construction dispute lawyers or see construction dispute lawyers in Laval. Not sure who to pick? Our guide on how to choose a lawyer in Quebec can help.

Frequently asked questions

Do I have to pay a contractor for poor work?

Not necessarily in full. Depending on the facts, an owner may be able to withhold an amount for defects noted at acceptance or claim the cost of repairs. Withholding too much can backfire, so get advice before you refuse to pay.

What can a subcontractor do if the general contractor doesn't pay?

A subcontractor may be able to rely on the legal construction hypothec on the owner's property, provided it notified the owner of its contract and meets strict deadlines. It can also sue the contractor that hired it.

Can I sue my contractor in small claims court?

Yes, if the amount falls within the small claims limit. Lawyers generally cannot represent you at the hearing, but you can consult one to prepare your case and your evidence.

Is my new home covered by a guarantee?

Many new homes and condos built by accredited builders are covered by the mandatory residential guarantee plan. Check with GCR and your builder, and act quickly once you discover a problem.