Construction Law · Quebec · A practical guide for property owners, contractors, and professionals.
When a construction project goes wrong, the terms multiply: defect, hidden defect, loss of work, industry standards… But behind each term lie distinct rights, deadlines, and remedies. Here is what Quebec law provides.
INDUSTRY STANDARDS
Industry standards refer to the set of recognized norms, practices, and techniques in a field of construction at a given point in time. They are not always codified in legislation, but they constitute the minimum standard to which every contractor and professional is held. Quebec case law identifies several key aspects:
- Choice of materials: materials used must be of good quality and suited to their intended purpose.
- Methods used: workers must adopt recognized construction methods appropriate to their trade.
- Compliance with technical plans and specifications: the contractor and workers must comply with building plans and product technical data sheets.
Examples by trade:
- Masonry and foundations: Application of a continuous waterproofing membrane on foundation walls and installation of an adequate foundation drain with gravel to prevent water infiltration.
- Plumbing: Minimum drainage slopes, proper pipe fastening to prevent water hammer, and pressure testing before closing walls.
- Electrical: Proper conductor sizing for circuit load, ground fault circuit interrupters near water sources, and compliant grounding of the main panel.
- Framing and structure: Maximum joist spacing, proper load-bearing wall anchoring, and compliant bracing per plans to prevent structural deformation.
- Roofing and insulation: Waterproofing membranes at strategic locations (valleys, eaves) and adequate attic ventilation to prevent condensation.
Obligation of means vs. Obligation of result
In construction law, the liability of the parties varies according to the nature of their contractual commitment:
- Obligation of result: the general contractor and subcontractors commit to delivering a work conforming to the plans, free of defects, and functional. In the event of a defect, liability is presumed without the client having to prove a specific fault.
- Obligation of means: design and site supervision professionals must exercise the attention, care, and diligence of a competent professional placed in the same circumstances.
« The object of the contract and its aleatory character determine whether the contractor or service provider is held to an obligation of means or result. However, for a party to be subject to an obligation of result, a contract of enterprise or service must exist between the parties. »
— Jacques Deslauriers, Vente, louage, contrat d’entreprise ou de service [translated from French]
In all cases, article 2100 C.C.Q. requires the contractor to perform the contract with care and competence, in accordance with the usages of their profession.
CONSTRUCTION CODES
In Quebec, the Building Act is the primary reference for all construction projects. It creates the Régie du bâtiment du Québec (RBQ), which has authority to establish standards and supervise building quality and contractor competency.
The Quebec Construction Code and Safety Code establish minimum mandatory requirements for safety, sanitation, and structural soundness. A work that does not comply with the code is presumed defective. The RBQ may order corrections or suspend permits, and may revoke licences for repeated non-compliance (sec. 70 Building Act).
DEFECTS IN WORKMANSHIP
A defect in workmanship is a faulty execution: work poorly done, an incorrect installation, or an inadequate material. Two types may arise:
- Minor defects: aesthetic in nature, they do not affect structural integrity (poorly installed trim, paint defects, uneven flooring).
- Major defects: they affect structural integrity or render the building unfit for its intended use (foundation cracks, inadequate insulation, electrical or plumbing problems).
If you discover defects in workmanship, notify the contractor as soon as possible. The contractor, architect, and engineer are jointly responsible for correcting any defects existing at the time of acceptance or discovered within one year thereafter (art. 2120 C.C.Q.).
APPARENT DEFECTS
An apparent defect is one that could have been detected by a prudent and diligent buyer during a normal inspection, without any special expertise. Article 1726 C.C.Q. provides that the seller is not required to warrant defects that are apparent.
For new construction, apparent defects noted at acceptance must be declared at the time of acceptance or within a very short period. After this stage, the remedy may be extinguished or limited.
HIDDEN DEFECTS
A hidden defect is a serious defect, not apparent at the time of sale or acceptance, that renders the property unfit for its intended use or diminishes its utility to such a degree that the buyer would not have acquired it, or would not have paid so high a price (art. 1726 C.C.Q.). You generally have a three-year remedy against the seller (art. 2925 C.C.Q.).
Beware: if you purchased without legal warranty, you automatically lose the remedy under art. 1726 C.C.Q
For new residential buildings, hidden defects benefit from a 3-year warranty under the mandatory guarantee plan. For major defects under art. 2118 C.C.Q., this period is 5 years. Under general law, the buyer must notify the defect in writing within a reasonable time after discovery (art. 1739 C.C.Q.).
LOSS OF WORK
Article 2118 C.C.Q. establishes solidary and presumed liability among the contractor, architect, and engineer for loss of the work occurring within 5 years of completion, where it results from a design, construction, or soil defect.
The concept of “loss” is broadly interpreted by the courts: it is not limited to total collapse. Significant foundation subsidence, infiltrations compromising structural integrity, or progressive deterioration — whether partial or potential — rendering the work unfit for its intended use may all constitute a loss.
This warranty is a matter of public order: no contractual clause can waive or reduce it in advance. It applies to all types of buildings. The court action prescribes three years from the date the owner became aware of the damage (art. 2925 C.C.Q.).
COMPLETION OF INCOMPLETE WORK
Incomplete work refers to work not completed by the contractor at the time of acceptance. Under the mandatory guarantee plan (new residential), the beneficiary may require the contractor to complete the contracted work, or have it done at the contractor’s expense. Work covered typically includes finishing items: missing baseboards, untiled surfaces, unpainted walls, absent caulking, etc.
It is crucial to distinguish incomplete work (work not done) from a defect in workmanship (work done poorly) and a hidden defect (non-apparent defect): notice periods and remedies differ in each case.
ACCEPTANCE OF THE WORK
Acceptance occurs when all contracted work has been completed and the work is fit for its intended use. It is the act by which the client declares acceptance, with or without reservations (art. 2110 C.C.Q.). The client is never required to pay the full price before acceptance and may withhold a sufficient amount to cover reservations regarding apparent defects.
Even if the client accepts the work without reservation and pays the contractor, the client retains their remedy upon discovering non-apparent defects or deficiencies, in accordance with the deadlines stated above (art. 2113 C.C.Q.).
SUMMARY TABLE OF LEGAL WARRANTIES
| Concept | Warranty period | Notice requirement | Legal basis |
| Incomplete work | Upon acceptance | In writing at acceptance and within a reasonable time | Warranty Plan Regulations |
| Apparent defects | At the time of acceptance, or discovered within 1 year after the work was completed | In writing upon discovery and within a reasonable time, and Court action: 3 years from knowledge | Art. 2120 C.C.Q. |
| Hidden defects | 3 years after discovery | In writing within reasonable time | Art. 1726 and 1739 C.C.Q. |
| Major defects | 5 years after the work was completed | In writing upon discovery, and Court action: 3 years from knowledge | Reg. new residential warranty; Art. 1794, 2124 and 2118 C.C.Q. |
| Loss of work | 5 years after completion | Court action: 3 years from knowledge of the damage | Art. 2118 C.C.Q. |
Key takeaway. Timely written notice is often the mandatory condition for preserving your remedy. A property owner who waits too long or fails to put their notice in writing risks losing very real rights. Legal regimes vary depending on whether the building is new or existing, residential or commercial. It is strongly advisable to consult a lawyer or notary specializing in construction law to assess your specific situation.
Where to start?
You don’t have to navigate this process alone. Fiset Legal is a firm with a practice in construction law. Our accredited mediation and arbitration specialists will guide you toward the fastest and most cost-effective solution for your situation
Timely written notice is often the key to protecting your rights.
