Guarantee Plan

For New Residential Buildings

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The courts

It is always open to you to file a lawsuit against your contractor before the ordinary law courts. You must understand, however, that the Guarantee Plan for New Residential Buildings no longer applies in claims brought before an ordinary court. 

Example

Let's say your claim mostly concerns work that is not covered by the mandatory Guarantee Plan, such as landscaping or an outdoor pool (See the exclusions), and some other work to be corrected that is covered by the Guarantee Plan, such as cracks in the foundation.

In this case, you could choose to include all of these points in a single claim and opt for a lawsuit before the court. You may address the Small Claims Division of the Civil Division of the Court of Québec if your claim is for $15,000 or less, the Civil Division of the Court of Québec if your claim is for less than $70,000, and the Superior Court of Québec if your claim is for at least $70,000.

The Civil Code of Québec therefore becomes the applicable legislation, and the mandatory Guarantee Plan no longer applies with regard to the elements included in the claim before the court.