Make a claim

To file a claim, you must have obtained a judgment against the contractor. However, if the contractor goes bankrupt before you filed a lawsuit, it is possible to file one without judgement.

If you have obtained a judgment, send the Service des réclamations (Claims Department):

• the original form with judgment – PDF (654 KB), completed and duly signed
• a copy of the final judgment rendered against the contractor and/or the guarantor 
• a copy of your demand letter with your proofs of sending and receipt 
• a copy of the originating application
• the copy of the court record, including the contract made with the contractor and the other relevant evidence.

Please note that we cannot send back the documents that you sent us no matter what the format is (paper, USB key, etc.). If you wish to keep the originals for your files, make sure to send us copies.

Contact information for Claims Department

Régie du bâtiment du Québec
Service des réclamations — Cautionnement de licence
545, boulevard Crémazie Est, 4^e étage
Montréal (Québec) H2M 2V2

At the same time, you may file a claim with a private guarantee plan or the Office de la protection du consommateur. The RBQ will consider only the portion not paid by the other guarantees.

Is your claim eligible for licence security?

Here are the reasons why a claim could be eligible or ineligible.

Your claim is eligible if:

It concerns:

• damages suffered following the non-execution or execution of work for which you had paid a sum of money
• defects or poor workmanship discovered within 12 month after the end of the work
• work stipulated in the contract and work agreed between your contractor and you that has not been completed.

You have:

• hired a contractor who held a valid licence
• instituted court proceedings within 3 years after discovery of faulty construction
• obtained a final judgment against the contractor, the guarantor or both.

Your claim is not eligible if:

It concerns one or more of these criteria:

• the contractor did not hold a valid licence
• the licence security is out of funds
• the construction work covered by the Guarantee Plan for New Residential Buildings
• claims by persons who participated in construction work
• damages resulting from a delay in performance of the work
• moral damages
• punitive damages
• legal fees
• you participated in the work as a subcontractor
• the file is incomplete
• the vouchers are missing or insufficient.

Note that the RBQ cannot give you information about the remaining amount of a contractor’s licence security. However, you can learn if a contractor has claims on his record by consulting the page Outstanding claims.

Is your contractor bankrupt?

If you have already filed court proceedings, the lawsuit against a bankrupt contractor could be upheld with a judge's authorization. You thus will obtain a final judgment that can greatly facilitate the acceptance of your claim.

If you have not your filed a lawsuit, it is possible to file a claim with the RBQ without having obtained a judgment. You can make an agreement with the guarantor. The RBQ then acts as an intermediary. To do so, use the form without judgement – PDF (652 KB) instead.