My contractor is no longer responding, what should I do?
- coraliefortin076
- Jun 12
- 6 min read
In the world of residential construction, communication between the client and the contractor is essential. It forms the foundation of a relationship of trust and a successful project. However, sometimes this communication breaks down suddenly. When your contractor no longer responds to calls, emails, or texts, it quickly becomes a source of stress, worry, and uncertainty.
At Plan Maison Québec, we work daily with clients undertaking construction or renovation projects. Unfortunately, many of them have already encountered delicate situations related to an absent or negligent contractor. This guide aims to equip you to deal with this situation, understand your rights, and enable you to act effectively. Whether you're building your house, renovating your cottage, or building a garage, this article is for you.
A situation more common than one might think
Not hearing from your contractor can seem unthinkable, especially after signing a contract, paying a deposit, or seeing the first stages of construction begin. Yet, this situation is not uncommon. It can affect any homeowner, regardless of the scope of the project or the type of building involved.
A contractor's lack of response can have several causes. They may simply have accumulated too many contracts and are no longer able to keep up. In other cases, they may be facing financial problems, internal conflicts, the loss of key personnel, or, in more serious cases, bankruptcy or outright abandonment of the project. Sometimes, a contractor, lacking an RBQ license or insurance, chooses to withdraw without providing any further information as soon as a problem arises. Whatever the reason, you must never stand by and do nothing.
The legal obligations of an entrepreneur in Quebec
A general or specialized contractor working in the residential sector must meet several obligations, both towards their clients and the law. First, they are required to respect the signed contract. This contract can be verbal or written, but a written document is strongly recommended. They must carry out the work professionally, according to industry standards, and within the agreed deadlines and costs.
In Quebec, contractors must also hold a license issued by the Régie du bâtiment du Québec (RBQ). This license is mandatory for most construction or renovation work, particularly those related to the building structure, roofing, electricity, plumbing, and heating systems. Working without a license is not only illegal, but it also deprives clients of essential recourse in the event of a dispute, such as access to the mandatory surety bond.
A reliable contractor must also have liability insurance to cover any property damage or bodily injury that may occur during the work. Finally, it must comply with current construction standards, municipal regulations and, if applicable, environmental standards.
React quickly: why you shouldn't wait
One of the worst things you can do when you feel neglected by your contractor is to do nothing, hoping the situation will resolve itself. Every week without a response represents a waste of time, money, and recourse.
As soon as you notice prolonged silence (more than a few days, without any justification), start by documenting the situation. Note down all your attempts at communication. Gather your previous exchanges (emails, contracts, invoices, site photos) and be prepared to demonstrate your good faith.
Even if the contractor has temporarily disappeared for a legitimate reason, your duty is to protect your investment and ensure the smooth running of the project. The sooner you react, the better your chances of enforcing your rights or correcting the situation.
Reconnect professionally
The first concrete step is to reestablish contact in a clear and professional manner. If calls and texts have gone unanswered, try a formal email. Politely express your expectations and concerns, ask for an update on the situation, and suggest a timeframe for a meeting or response. You can also visit the construction site or the contractor's office, if applicable.
Even in a tense situation, maintain a respectful tone. The goal is to resolve the situation amicably, without unnecessary escalation. In many cases, structured communication can restore dialogue and avoid legal action. However, if this attempt fails, you will need to move on to the next step.
Formal notice: an essential tool
When calls for dialogue are ignored, a formal notice becomes the essential step. This is a written document, sent by registered mail, in which you officially request the contractor to honor their commitments. This letter must contain a clear description of the breaches, a reminder of the terms of the contract, and a request for performance within a reasonable timeframe (usually 10 to 15 days).
This document is not a complaint, but a warning. It carries significant legal weight, particularly if you have to take your case to court. It demonstrates your seriousness, your willingness to resolve the problem, and your respect for due process.
At Plan Maison Québec, we can help you structure this formal notice, or refer you to specialists who will ensure that it complies with legal standards and is adapted to your situation.
Possible remedies in the event of persistent inaction
If the contractor remains silent after the formal notice, you have several options for asserting your rights.
You can file a complaint with the Office de la protection du consommateur (Consumer Protection Office) if you feel you have been deceived or violated in your consumer rights. The OPC can assist you with certain procedures, particularly for contracts entered into with unfair clauses or in cases of false representations.
Another powerful recourse is a complaint to the Régie du bâtiment du Québec (Quebec Building Board). If the contractor holds an RBQ license, you can report their behavior. The RBQ can open an investigation, impose sanctions, suspend, or revoke the license. This does not guarantee immediate resumption of work, but it will put pressure on the contractor and may support your case before a judge.
Finally, if the contractor has a mandatory bond, you can file a claim for partial reimbursement or compensation. This process generally requires a well-prepared file and concrete evidence of non-performance of the contract.
Resorting to the courts
When all amicable approaches fail, litigation remains a viable option. If the value of the dispute is less than $15,000, Small Claims Court is the most accessible solution. It does not require a lawyer, the procedures are simplified, and the timeframes are reasonable.
For higher amounts, or for more complex cases (for example, a construction site abandoned after the demolition of a structure, or a construction site rendered unsafe), you will have to apply to the Court of Quebec or the Superior Court. In this case, the assistance of a lawyer specializing in construction law is strongly recommended. They can help you formulate your claim, assess the damages, and defend your case in court.
In all cases, preparation is key. Keep all possible evidence: photos, exchanged messages, receipts, witness statements, important dates, etc.
Prevention is better than cure: the role of Plan Maison Québec
It's always better to avoid having to go through these steps. That's why Plan Maison Québec emphasizes prevention from the start. When we support a client with their project, we don't just draw up plans. We also advise on selecting contractors, analyzing bids, verifying licenses, and drafting essential contractual clauses.
We understand the Quebec market, contractor practices, the challenges specific to each region, and the pitfalls to avoid. Our plans are designed to facilitate construction, reduce unforeseen events, and facilitate communication between the client and the professionals.
By choosing Plan Maison Québec, you are not only ensuring a high-quality, tailor-made plan, but also human and professional support, based on years of experience and a vast network of reliable partners.
Conclusion: protect your project, contact Plan Maison Québec
The situation of an unresponsive contractor may seem daunting, but it's not a dead end. With a structured approach, a clear understanding of your rights, and the right tools in hand, you can regain control of your project and limit losses.
At Plan Maison Québec, we're here to support you, whether you're just starting your project or going through a difficult period. Don't let an absent contractor jeopardize your dreams of a house, cottage, or garage.
Do you know what your project is?
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