Fiset Legal: the experts in real estate law and construction law
In the context of the construction of a building, it’s not uncommon for disputes to arise between the stakeholders.Whether these disputes are minor or major, it’s essential to make your rights heard by calling on a specialist—that is, a construction lawyer in Montreal.
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)
- disputes related to construction contracts and commercial leases. Our lawyers specialize in drafting contracts and interpreting contracts, voiding contracts and negotiating contracts to limit risk.
What are the legal guarantees you can benefit from?
It’s also common for the contractor—or an association to which they belong—to offer a conventional warranty.
The Guarantee Plan for New Residential Buildings
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.
The license bond
In addition to these guarantees, it’s also possible to make a claim under the licence bond filed by the contractor with Régie du bâtiment du Québec in the event that they have not fulfilled their contractual obligations.
What trades are involved in a real estate project?
Many stakeholders in the construction field occasionally participate in real estate projects:
- Promoters or work providers
- General and specialized contractors and sub-contractors
- Material suppliers
- Material manufacturers
- The architects
- The engineers
- The project manager
Why Hire a Construction Lawyer?
These types of disputes, because of their complexity, require real expertise in this area as well as the establishment of a ingenious strategy established in collaboration with the client.
When we take charge of your file, we collect the facts, their chronology and we try to collect evidence to support your statements.
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.
Why choose Fiset Legal?
We are a construction law firm in Montreal and moreover experienced in condominium law. We can assist you both for a dispute relating to construction projects or the renovation of a single-family home, a commercial building, a duplex or multiplex with apartments or relating to a building of which you are co-owner or member of a syndicate. Take advantage of an initial 40-minute consultation to assess your needs.
Contact our law firm specializing in the field of construction
In matters of construction, as in real estate law in general, it is important to contact a construction lawyer even before a dispute arises. Consulting beforehand and acting without delay allows you to preserve your rights and sometimes avoid long and costly legal proceedings.
A formal notice based on solid and well-founded legal foundations may be sufficient to settle a dispute. Otherwise, it allows you to rule and crystallize your rights for legal action at the appropriate time.
A strategy adapted to your needs
Depending on the strategy adopted, we implement the actions that we deem relevant in order to make your rights heard: such as the drafting of a formal notice, the drafting of notices of denunciation, mediation, publication of legal mortgages of construction and prior notice of exercise, requests for expertise and, if necessary, representations before the appropriate legal authorities.
FISET legal is a law firm offering comprehensive expertise, at your service for 10+ years.
Our attorneys offer their expertise in litigation and in real estate law, condominium law, construction law and all other related legal fields.
Our attorneys aim at advising you strategically, in your best interest and in order to optimise the results on file, proportionally considering the costs and the complexity of the file. We act in complex as well as in simpler cases.