Fiset Legal: the experts in real estate law and construction law
Since many trades are involved in the construction of a building, from developers to subcontractors, as well as architects, engineers, and project managers, construction law disputes are complex, and the responsibilities are often multiple.
When a dispute arises regarding construction work, it’s possible to make a claim under the guarantees for:
- defects (one year following receipt of the building)
- hidden defects (three years from the knowledge of the hidden defect)
- design, construction, and production flaws in the structure and the ground resulting in the partial or total loss of the structure (within five years following the end of the work)
It’s also common for the contractor—or an association to which they belong—to offer a conventional warranty.
In the context of the construction or purchase of a new residential building (single-family home, multi-family building up to a quintuplex or condominium with at most 4 overlying private portions), additional protection can be found in the Guarantee Plan for New Residential Buildings, which protects you from your contractor’s breaches of their legal and contractual obligations.
In addition to these guarantees, it’s also possible to make a claim under the licence bond filed by the contractor with the Régie du bâtiment du Québec in the event that they have not fulfilled their contractual obligations.
Due to their complexity, these types of disputes require real expertise in the field as well as the implementation of an ingenious strategy defined in collaboration with the client.
When we take on your case, we gather the facts, determine the chronology, and attempt to collect evidence to support your claims.
In light of the information and elements provided:
- We identify the liability regime of the stakeholders that participated in the construction of the building;
- We identify the different possible methods for asserting your rights and present recommendations for each one, as well as direct solutions and alternatives in your interest.
Then, depending on the strategy adopted, we take the actions that we deem relevant in order to make your rights heard, such as drawing up a formal notice or waiver, publishing a legal hypothec of construction and a notice of exercise, requesting expert opinions, and—if necessary—representing you before the appropriate judicial body.
Fiset Legal, a construction law firm in Montreal, supports you before disputes arise
In the construction field, as in real estate law in general, it’s important to get in touch with a construction lawyer in Montreal even before a dispute arises. Consulting ahead of time and acting without delay lets you protect your rights and sometimes avoid a long and costly legal proceeding.
A formal notice based on solid, justified legal foundations may be enough to resolve a dispute. If not, it helps you determine and crystalize your rights to take legal action at the right time.
Since we are a construction law firm in Montreal with experience in condominium law, we can assist you with a dispute concerning the construction or renovation of a single-family home, commercial building, duplex, or multiplex, or relating to a building of which you are a co-owner or the member of a syndicate.