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You’re dissatisfied with services rendered or work carried out by the contractor with whom you had a contract? There are measures you can take to receive compensation and file a complaint against that contractor.
If the problematic work relates to a new residence, go to the Guarantee Plan for New Residential Buildings since it involves a different guarantee.
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Most contractors are concerned about their clients’ dissatisfaction, since they wish to uphold their reputation and retain their clientele. Contact your contractor as soon as possible and try to find common ground and settle the situation.
Note and keep a record of all exchanges you have with your contractor (calls, conversations, letters, emails, etc.). These will serve as evidence if you fail to come to an agreement or if you came to an agreement with which your contractor failed to comply.
If the contractor’s work has caused damages (ex: water damage) and that you have received compensation from your homeowner’s insurance, you cannot receive further compensation.
If you have been unable to come to an agreement with your contractor, or if he fails to respect an agreement you concluded with him, immediately send him a formal demand letter by registered mail. Go to the website of the ministère de la Justice for information on the letter’s contents.
If the contractor has failed to follow up on your formal demand letter within the prescribed timeframe, the next step is to obtain a court ruling confirming the existence of the loss and, if need be, establishing the compensation. Where should your claim be filed?
Note! You must obtain a ruling against the company whose name and licence number appear in the contract and not against the person who owns the company.
If your contractor goes bankrupt during your legal proceedings, you have the following options:
At any given time, do not hesitate to call on the services of a legal consultant who could advise you on the best recourse with regards to your situation.
You can file a claim against the licence security in the following cases:
Note that if you have obtained a judgement against the contractor, but he has not paid you, you can also resort to enforcement procedures.
In addition to the aforementioned measures, you can file a complaint concerning the services delivered by your contractor, if he held a licence.
While this measure does not provide financial compensation, it does allow the RBQ to document the facts and add them in the contractor’s file.
Based on the evolution of his file, i.e., the number of complaints received and the nature of the incidents reported, the contractor could be summoned to appear before the Bureau des régisseurs for a decision on maintaining, suspending or revoking his licence.
If you dealt with a contractor who did not hold a licence at the time the work was carried out or the contract was signed, you can file a complaint relating to unlicensed work.