CONSTRUCTION WORK IS BADLY DONE! ARE YOU OBLIGED TO PAY?

Have you had construction work done by a contractor and noticed that the work was poorly done?

This situation sometimes happens and can be a source of stress for a consumer.

What should be done?

First of all, it should be known that the reception of a work can be done with reserve of the customer. This reserve occurs when the customer expresses his dissatisfaction and explicitly denounces the apparent defects and poor workmanship.

The purpose of the reservation is to ensure that the contractor fulfills his obligations and to force him to correct the poor workmanship and apparent defects.

Section 2111 of the Civil Code of Quebec provides that the client is not required to pay the price before acceptance of the work. However, the parties may agree that installments be paid or that partial payments be made depending on the progress of the work.

This same article also provides that the customer has the right to withhold sums of money to satisfy the reservations.

They can be done in three ways:

• In writing;
• Verbally;
• By inference from the behavior of the client;

The amount withheld must be equal to the cost of repairing the defects or poor workmanship.

To prevent potential problems of proof, it is suggested to record the reservations and the amounts withheld in writing.

It is mainly necessary to refer to the terms of the contract concluded with the contractor in order to know the rights and obligations of each of the parties.

IMPORTANT :

The information in this article is general in nature and does not constitute legal advice or advice. They do not necessarily reflect the state of the law in an exhaustive manner. The facts may vary from situation to situation and potentially change any legal answer. A consultation with one of our lawyers regarding your particular case is highly recommended.

Me Giscard Tamas