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What are your options if work is poorly done?

  • coraliefortin076
  • Jul 1
  • 4 min read

What to do in the case of poorly executed work?
What to do in the case of poorly executed work?

At Plan Maison Québec, we assist hundreds of clients each year with their construction and renovation projects. Unfortunately, even with careful preparation, work can sometimes be poorly executed, poorly finished, or not up to expectations. This situation often raises concerns, stress, and, above all, legal questions: What should you do? What are your rights? Who should you contact?


In this article, Plan Maison Québec offers a comprehensive guide to understanding your recourse in the event of poorly executed work in Quebec. Whether you're building a cottage, renovating a family home, or adding a garage, you deserve work well done. And above all, you deserve compensation if it's not.


Distinguish between types of problems in the works


It's important to differentiate between different types of problems that can arise on a construction site.


These can include construction defects (flaws that compromise the strength of the structure), poor workmanship (non-compliant or poorly executed work), or hidden defects (defects not visible upon acceptance of the work but that impair normal use).


Each of these problems can result in a different type of claim. This is why Plan Maison Québec recommends that its clients carefully document each stage of their project.

Example problem
Example problem

The legal obligations of the entrepreneur


In Quebec, all construction or renovation contractors are subject to the Civil Code of Quebec, the Régie du bâtiment du Québec (RBQ), and sometimes the Office de la protection du consommateur (OPC).


A contractor has an obligation of result, which means that the outcome of the work must comply with the contract. In the event of a defect, poor workmanship, or failure to comply with the specifications, they can be held legally liable.


Plan Maison Québec works exclusively with licensed professionals to minimize this type of inconvenience. However, if this happens to you, here are the steps to follow.


Step 1: Attempt an amicable resolution


The first thing to do is contact the offending contractor. The errors may be unintentional, or they may be willing to correct the problems at their own expense.


Gather your documents: contract, photos of the work, email exchanges, invoices. This will help you demonstrate your good faith. The goal at this stage is to avoid legal escalation.


At Plan Maison Québec, we always advise our clients to keep a construction site log. This greatly facilitates discussions if a conflict arises.

Chat with the work team
Chat with the work team

Step 2: Send a formal notice


If the contractor refuses to cooperate, the next step is to send a formal notice. This legal document must clearly describe the problems identified, the required fixes, and a deadline for completing them.


The formal notice is an essential step before any legal action. It demonstrates that you have given the contractor a chance to correct the situation. It must be sent by registered mail and kept safe.


Plan Maison Québec recommends hiring a lawyer to draft it, even if you can do it yourself.


Step 3: Appeal to the courts


  1. If the contractor does not respond favorably to the formal notice, you can initiate legal proceedings.

  2. If the amount in dispute is less than $15,000, you can take the matter to Small Claims Court. No legal representation is required, which reduces costs.

  3. Between $15,000 and $85,000, the Court of Quebec has jurisdiction. The intervention of a lawyer is recommended.

  4. For amounts over $85,000, the matter can be referred to the Superior Court of Quebec.


In all cases, prepare a complete file, including contracts, proof of payment, photos, appraisals (if applicable), and the formal notice.

Possible remedies
Possible remedies

Step 4: Use of the RBQ guarantee


If your contractor is licensed by the RBQ, they are required to post a bond. This is an amount used to compensate clients in the event of misconduct or professional misconduct.


  • For a general contractor, the bond is $40,000.

  • For a specialized contractor, it is $20,000.


If you win your case in court or if the situation warrants it, you can file a claim with the RBQ to receive compensation from this fund.


That's why Plan Maison Québec only works with contractors who hold a valid license. It's a guarantee of professionalism... and recourse, should anything go wrong.


Step 5: Complaint to regulatory bodies


Even if you don't pursue legal action, you can file a complaint with the RBQ if the contractor is at fault. The RBQ can investigate, suspend, or revoke a contractor's license. This is also a way to prevent other clients from experiencing the same problems.


The Office de la protection du consommateur (OPC) can also intervene, especially if abusive clauses or illegal solicitation have occurred.

You can file a complaint
You can file a complaint

The role of a residential architecture expert


Even before you begin your work, a good way to avoid mistakes is to surround yourself with competent professionals from the planning phase.


At Plan Maison Québec, we offer a customized design service for your construction and renovation plans. Our experts can also advise you on choosing a contractor, help you define your technical needs, and establish clear specifications.


This greatly limits the risk of conflicts, since everything is planned, measured, drawn, and approved in advance.


How to avoid problems in the future?


Although no construction site is completely safe from unforeseen events, certain precautions can protect you:

  • Draft a detailed contract: Make sure that all stages of the work, materials used, and deadlines are specified.

  • Check the RBQ license: Never hire a contractor without a license number.

  • Ask for references: Speak with previous clients.

  • Have the work inspected: You can hire an independent inspector to verify compliance.

  • Keep all documents: Contracts, quotes, emails, photos: they can make all the difference in the event of a dispute.

 Keep all documents
Keep all documents

Conclusion: Protect your projects with Plan Maison Québec


Dealing with poorly executed work is a frustrating and costly experience. But you're not without recourse. Quebec law protects consumers, provided you act quickly and in a structured manner.


At Plan Maison Québec, we believe that every project deserves careful planning and professional supervision. By choosing our services, you benefit not only from personalized plans tailored to your needs, but also from our expertise to avoid unpleasant surprises.


Do you want a trusted partner by your side?



Comments


Like you, we want to approach your project calmly and with certainty.

 

This is why the first discussions with our architectural technologists and construction estimators to validate the feasibility of the project and your budget are free and without obligation.

Our professionals will also be happy to offer you valuable advice and guide you according to the stage of progress of the project, even if plans are not necessary at the moment.

Ready to get started? Make an appointment online:

*No fees or commitment

(Meeting with a construction technologist and estimator with ZOOM)

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