Recourse against a subcontractor of your contractor in Quebec
- coraliefortin076
- Jun 12
- 4 min read
Updated: 3 hours ago
Building or renovating your house, cottage, or garage is a major project. It's a significant emotional and financial investment, requiring careful attention at every stage. At Plan Maison Québec, we know that construction-related inconveniences can quickly turn a dream into a nightmare, especially when caused by an unreliable or negligent subcontractor. So what are the recourse against a subcontractor of your contractor in Quebec.
But what should you do when such a problem arises? Who is responsible? How can you act effectively to protect your interests without compromising your project? This article offers a structured approach to dealing with these complex situations while ensuring your rights are respected.
The role of the subcontractor and your relationship with it
In most projects, you sign a contract with a main contractor, who in turn hires subcontractors for specific tasks (plumbing, electrical, carpentry, etc.). The subcontractor is not directly linked to you, but rather to your contractor. It is therefore the latter who is responsible for the quality and compliance of all work carried out on your site.
This is a crucial distinction, as it means that even if a subcontractor performs a task poorly, your legal recourse lies with the main contractor.
Identify the signs of a problem with a subcontractor
It's not always easy to detect a problem in the first few days, especially if you don't have any construction expertise. However, certain warning signs should alert you: repeated delays without explanation, materials of questionable quality, work execution not in accordance with the provided plans, or a lack of coordination on the construction site.
When such signs appear, it's essential to begin documenting each irregularity. Take photos, keep a written record of communications (emails, text messages), and record important dates. This record may be useful later in the event of a dispute or legal action.
Communicate quickly with the main contractor
This is the first step to take. You must report the problem to your contractor as soon as possible. Clearly explain what you have observed and ask them to intervene. As the project manager, they are responsible for coordinating the work of their subcontractors and ensuring that the project meets quality standards, deadlines, and contractual obligations.
A direct and professional discussion can often defuse the situation. It's possible that the contractor themselves are dissatisfied with their subcontractor's performance and will take the necessary measures (corrections, replacement, suspension).
In case of inaction: formal notice
If your contractor fails to take the expected measures or if the promised fixes are not implemented, you can send a formal notice. This is a formal document that outlines the problem, your request, and a specific deadline for action. This demonstrates your seriousness and often serves as a prelude to legal action.
It is recommended to send this letter by registered mail, with acknowledgment of receipt. This guarantees you official proof in the event of subsequent legal action.
Remedies available in the event of failure of amicable resolution
When the formal notice is unsuccessful and the situation persists, you have several legal and administrative remedies available to you to assert your rights.
1 ) Filing a complaint with the RBQ
The Régie du bâtiment du Québec (RBQ) is the body responsible for regulating the construction sector in Quebec. You can report a contractor who is not meeting their legal or professional obligations to the RBQ. The RBQ does not resolve contractual disputes, but can sanction an offending contractor, or even suspend their license in the event of serious breaches. This can put pressure on the contractor to respond quickly to your requests.
2 ) Use of license deposit
A contractor holding an RBQ license generally has a license bond. This is a financial guarantee that can allow you to claim compensation if you have suffered significant harm as a result of serious misconduct (unfinished work, non-compliance, site abandonment). This process sometimes requires a judgment or the demonstration of documented harm.
3 ) Small Claims Court
If the value of the dispute is $15,000 or less, you can apply to Small Claims Court. This approach allows you to present your case without a lawyer, in a simplified setting. However, you must be thoroughly prepared: evidence, contracts, testimony, and estimates must be well organized.
For disputes exceeding this amount, you will need to consider recourse to the Superior Court, often with the help of a lawyer specializing in construction law.
4 ) Pre-vetting of contractors and subcontractors
One of the best ways to prevent problems is to choose your partners wisely from the start. At Plan Maison Québec, we strongly recommend ensuring that the contractor you hire has a valid RBQ license, adequate insurance, and a solid reputation.
When you work with Plan Maison Québec, you can rest assured that our partners and collaborators adhere to the highest industry standards. We also help you identify important questions to ask before signing a contract to prevent misunderstandings or costly mistakes.
Why use Plan Maison Québec?
This type of situation highlights the importance of professional supervision throughout a construction or renovation project. Plan Maison Québec doesn't just produce plans: our mission is to offer you peace of mind from start to finish. We support you every step of the way, from design to completion, and we only work with trusted partners.
Thanks to our expertise in residential architectural design, you not only receive customized plans perfectly adapted to your site and needs, but also receive clear guidance toward the right professionals. This significantly reduces the risk of finding yourself dealing with incompetent or unsupervised subcontractors.
Conclusion: recourse against a subcontractor of your contractor in Quebec
Problems with a subcontractor can slow down a construction site, affect the quality of the work, or even lead to significant financial losses. However, by staying calm and acting methodically, you can regain control of the situation.
When in doubt, rely on the experts. Plan Maison Québec is here to guide you every step of the way. Whether you want to build your primary residence, expand your family cottage, or add a custom garage, we are your trusted allies for a successful project.
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