Construction Law

In Construction Law many members of our team have been involved throughout the entire process and even afterwards. From calls for tenders to the submission and even the awarding of the contract, many problems may arise, for the general contractor, the subcontractor, the materials provider and the foreman.

As far as the general contractor is concerned, he must execute his work in accordance with plans and specifications, in accordance with industry standards and the National Building Code of Canada. He must be duly licensed by the Régie du bâtiment and, in certain cases, he must put up a surety bond. He is expected to adhere to the agreed upon work schedule.

The general contractor, the subcontractors as well as the materials providers have the ability to publish a legal hypothec of construction against the immovable property under certain conditions, among these (for the subcontractors and providers) the right to denounce their contract with the proprietor. The publication of a legal hypothec of construction must take place, at the very latest, within thirty days upon the completion of the work.

Disputes in Construction Law cover a wide range of subjects in which our office has years of experience. For example, aside from the problems relating to the publication of a legal hypothec (formal requirements, publication deadline as of the date of the completion of work, denunciation with the proprietor) or a prior notice of exercise, we have the expertise to handle cases involving the following problems: Poor workmanship and deficiencies in the executed work, faulty design or construction defects, soil defects (for example red ochre problems), abandonment of the work, delays in the execution of work or the completion of work, arrears of payments due under the contract, etc.

Our clientele in the field of construction is a varied one. We represent contractors (general contractors, contractors specializing in plumbing, electricity, ventilation, air-conditioning and heating, coffering, excavation, insulation, etc.) as well as proprietors grappling with a construction problem.