Construction law

A well-drafted construction contract prevents disputes and protects the interests of all parties.

Our expertise includes:

• Drafting of construction contracts;

• Contracts between owners and general contractors;

• Agreements with subcontractors and suppliers;

• Warranty and liability clauses;

• Payment terms and holdbacks;

• Completion deadlines and delay penalties;

• Modifications and change orders (‘extras’);

• Work acceptance and warranties.

For Owners: We draft contracts that protect your investment and clearly define the contractor’s obligations.

For Contractors: We secure your payment terms and limit your contractual liability.

Construction contracts must comply with the provisions of the Civil Code of Quebec and provide for appropriate remedies in case of breach.

Construction disputes require a quick and effective resolution.

Our expertise in construction litigation covers:

• Failure to meet deadlines and construction delays;

• Non-compliant or defective work;

• Claims for additional work;

• Challenging the quality of work;

• Non-payment of contractors or subcontractors;

• Breach of construction contract;

• Cost overruns and price revisions;

• Legal warranties (warranty against defects, warranty of proper functioning);

• Liability of professionals (architects, engineers, and building inspectors);

• Representation before courts and in arbitration in case of dispute;

Legal warranties in Quebec:

• Warranty against hidden defects;

• Quality warranty for new construction;

• Contractor’s 1-year liability for apparent defects;

• 5-year liability for serious defects affecting solidity;

We prioritize negotiation and mediation, but our lawyers can also vigorously defend your rights in court if necessary.

Latent defects and construction flaws can lead to considerable costs and compromise the safety of occupants. Our lawyers can initiate legal action or defend all construction stakeholders: owners, contractors, subcontractors, professionals, and suppliers.

What is a latent defect?
A latent defect is a serious flaw that existed at the time of sale but was not apparent. To constitute a latent defect, the flaw must:

• Be serious and render the building unfit for use;

• Not be apparent during inspection;

• Have existed at the time of sale.

What is a construction flaw?
Construction flaws are defects resulting from poorly executed work or work that does not comply with industry standards.

Our services include:

• Legal assessment of defects and flaws;

• Lawsuits against the seller, contractor, and builder, or the defense of these parties;

• Negotiation of repairs or compensation;

• Technical expertise in collaboration with engineers and building experts;

• Compliance with notification and limitation periods;

• Representation and advice before the courts.

We protect your rights regarding construction defects and obtain the necessary repairs.

The construction legal hypothec is an essential tool to secure payment for work and materials.

Who can register a legal hypothec:

• General contractors;

• Subcontractors;

• Material suppliers;

• Architects and engineers;

• Workers.

Our services include:

• Registration of legal hypothecs within prescribed deadlines;

• Compliance with the 30-day deadline following the completion of work;

• Notice of exercise of legal hypothec;

• Notice of contract (for subcontractors and suppliers);

• Defense against abusive hypothecs;

• Release of legal hypothecs;

• Debt recovery by way of hypothec;

• Negotiation of payment settlements.

Critical Deadlines: The deadlines for registering a construction legal hypothec are 30 days. They are strict, and failure to comply results in the loss of this right. An experienced lawyer ensures that all formalities are respected to protect your claim.

A latent defect is a serious defect that existed at the time of sale, was not apparent during inspection, and renders the property unfit for its intended use. For example, contaminated land could constitute a latent defect.

The legal warranty protects the buyer against latent defects that diminish the value or use of the property. It applies automatically and allows for claiming damages, a reduction in price, or, in certain cases, the annulment of the sale.

A lawyer becomes essential in cases of serious defects, latent defects, disputes with a contractor, major delays, breach of contract, cost claims, or recourse related to a legal hypothec. They protect your rights and manage legal proceedings.

A construction lawyer is best positioned to handle a construction defect case. They analyze contracts and evidence, negotiate with the contractor, and represent you to obtain repairs or compensation.