Construction Lawyers
Construction law disputes are complex and diverse. This field is governed by a multitude of legal and contractual provisions that are often technical and difficult to master. Whether the issue involves defective work, cost overruns, or disputes between the various parties in a project, each situation requires a rigorous analysis and a thorough understanding of the applicable legal framework.
It is in this context that Boavista Services Juridiques Inc. supports individuals and professionals facing the realities of the construction sector with a strategic and personalized approach. Thanks to their knowledge of construction law, the firm is involved at every stage of a project, whether to anticipate risks, secure contractual agreements, or effectively defend its clients’ interests in the event of a dispute.
✦ Process
Our approach
At the heart of our practice is our lawyers' commitment to putting our clients first. We understand that every legal situation is unique, and we take the time to listen, understand your situation and develop the best strategy for you.
Consultation
A legal consultation is the first essential step in accessing our services. During this consultation, our lawyers will have the opportunity to hear and better understand your situation, so as to best answer your questions and concerns.
Legal advice
Thanks to their in-depth knowledge of various areas of law, our lawyers can provide you with legal advice and solutions that arerelevant and tailored to your situation.
Representation
You can count on the oratory skills and determination of our lawyers to represent you and defend your interests before courts or government agencies.
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When should you consult a construction lawyer?
Consulting a construction lawyer is recommended as soon as any issue arises during a project, whether before, during, or after the work is completed.
A lawyer may intervene at an early stage to ensure the drafting or signing of a contract is properly secured, as well as in the event of disputes related to defective work, construction delays, or abandonment of a project.
As these issues are often connected to broader matters involving property and real estate transactions, our lawyers also assist clients in real estate law, offering comprehensive guidance for both your projects and disputes.
Our Construction Law Services
- Claims for latent defects
- Construction legal hypothec
- Negotiation and drafting of construction contracts
- Recovery claims for unpaid work
- Licences and permits
- Representation before various administrative or judicial bodies
- Defects or faulty workmanship in construction projects
- Liability of professionals involved in construction work
Construction law disputes: what solutions are available?
Construction law disputes are common and often involve delays in the execution of work or cost overruns. These situations arise particularly in the context of fixed-price contracts. Case law shows that such disputes frequently concern the characterization of the contract and the scope of the contractor’s obligations.
For example, in the case of Constructions T. Ouellet inc. v. Trudel, the court reaffirmed that a construction contract is a contract for services within the meaning of article 2098 of the Civil Code of Québec. Such a contract imposes on the contractor a duty to provide information regarding prices and the scope of the work, in accordance with article 2102 C.C.Q. In the case of a fixed-price contract, this principle is applied even more strictly: the contractor may only claim additional sums if they can demonstrate the existence of a separate agreement or exceptional and unforeseeable circumstances.
In terms of dispute resolution, the first step generally consists of attempting an amicable settlement. This approach often makes it possible to avoid the costs and delays associated with judicial proceedings. If such efforts fail, the parties may initiate proceedings before the courts.
Moreover, in certain situations particularly where the contractor holds a license to perform the work (for example, in renovations projects) a complaint may also be filed with the Régie du bâtiment du Québec. This constitutes an additional relevant recourse depending on the nature of the dispute.
Frequently Asked Questions
A legal hypothec is a particularly advantageous security for contractors and subcontractors, as it grants them a real right over the immovable property, priority ranking for payment, and an effective means of pressure to ensure recovery of their claim.
According to article 2098 of the Civil Code of Québec, a construction contract is one by which a person undertakes, in exchange for a price that the client agrees to pay, to carry out work for another person.
Yes. Under section 2125 of the Civil Code of Québec, the client may unilaterally terminate the contract, provided they compensate the contractor for the work already performed and for any losses incurred.
A serious, non-apparent defect that existed at the time of sale or acceptance and renders the property unfit for its intended purpose.