Once the work has been completed, you will be able to proceed with the pre- acceptance inspection.This inspection will allow you to determine whether any work still needs to be completed or corrected. This is the procedure to follow for the reimbursement of partial payments and for the completion of work:
Within 6 months following the date of end of work agreed with the contractor during the pre-acceptance inspection, send your claim in writing to the contractor and a copy to the plan manager.
If, after 15 days, the contractor has not taken action, responded or given you satisfaction, notify the plan manager of the situation in writing. At this point, you will have to pay $100 to the plan manager to open your file. This amount will be refunded to you if your request is completely, or even partially, accepted or if an agreement is reached with the contractor.
The plan manager must write to the contractor within 15 days following receipt of your written notice, and request that they take action, and that they inform the plan manager of the measures they intend to take to remedy the situation. The contractor has 15 days to respond.
If the contractor hasnot responded within the 15 days granted to inform the plan manager of the measures they intend to take to remedy the situation, the plan manager must go on-site to carry out an inspection of the building (if required, based on the type of claim you are making).
Following the inspection, the plan manager has 30 days to send you a detailed, written report by registered mail stating whether or not the situation has been settled between you and the contractor. If the plan manager cannot do so within 30 days, they must inform you of this in writing and provide reasonable grounds for the delay. They must also inform you of when they will render a decision.
If the plan manager finds that the disagreement with your contractor has not been settled, they will make a ruling on each of the elements presented in your claim. If the plan manager finds your claim to be well-founded, the contractor can be ordered to either reimburse your partial payments, or to complete or correct the work, as the case may be, within a reasonable time limit agreed with you.
In the event that the contractor fails to reimburse you or to complete or correct the work and there is no recourse to mediation or the plan manager’s decision is not contested in arbitration by one of the parties, the plan manager shall, within 15 days following the expiry of the time period agreed in the preceding paragraph, make the reimbursement or take charge of completing or correcting the work.
In other words, at this point in the process, if you are not yet the owner of your home, you will have the right to a reimbursement of partial payments up to a maximum of $50,000. On the other hand, if you hold the ownership title, the work can be completed provided that the scale of the work does not result in a profit to you (See Benefits provided).
The plan manager agrees on a time limit with you and, if necessary, prepares a corrective plan and a call for bids, chooses contractors, and supervises the work to be done. Within 30 days following the expiry of the time limit you both agreed on, the plan manager must, in writing, inform you of the anticipated time frame for completing the various steps involved in correcting the work.
Send your claim by registered mail so that you can keep the receipt as proof and protect your rights.
Amounts still owing
If the plan manager must intervene to complete or correct the work done, you must have your financial institution withhold the remaining amounts due for the purchase of your home. You can also contact a notary, a lawyer, or the plan manager; these parties can deposit the money that is still owed on your home into a special account.
A decision in due form
The following information must be included in all decisions made by the plan manager:
The statement that it is the decision of the plan manager
The name of the contractor with whom the contract was signed
The address of your house or your condo
The date of each inspection made following your complaint
The date of the final decision
The available recourse and the time limits prescribed by the Regulation respecting the guarantee plan for new residential buildings
The contact information for the arbitration bodies authorized by the Régie du bâtiment du Québec
The contact information for the Ministère du Travail, de l'Emploi et de la Solidarité sociale (to obtain the list of accredited mediators)
BE AWARE! Common portions? The syndicate becomes involved
If the claim concerns the common portions, all the steps to implement the guarantee must be carried out by the syndicate of co-owners. You want to be absolutely sure the work is done according to common trade practices? The best plan is to join the syndicate!
YOU DON'T AGREE?
If you disagree with a decision made by the plan manager, recourse is available.