Guarantee Plan
For New Residential Buildings
If your contractor fails to comply with the legal or contractual obligations covered by the Guarantee Plan for New Residential Buildings, you're protected. How?
To begin with, some coverage is applicable beforeacceptance of your home, while other coverage is applicable after acceptance. In each case, maximum benefit amounts have been set out.
Coverage is provided for both the sales contract and the job contract.
| Your sales contract covers: | Your job contract covers: |
|---|---|
| partial payments made OR the completion of the work, where you are the holder of the ownership titles, meaning that you have signed the sales contract for your home before a notary, on the condition that there is no unjustified profit on your part. | partial payments made, on the condition that there is no unjustified profit on your part OR the completion of the work, on the condition that there is no unjustified profit on your part. |
Repair of defects is covered by the Guarantee Plan if you declare them within the deadlines you have to respect depending on their nature. You have to declare the defects to both the contractor and the plan manager.
| Nature of the work | Deadlines for a house | Deadlines for a condo |
|---|---|---|
Completion of work | Covered if declared in writing in the RBQ inspection checklist you completed at the time of acceptance with your contractor. If you have not moved in on the day of acceptance, you have within 3 days after acceptance to declare the work to be completed. | For the private portion, completion of the work is covered if declared in writing in the RBQ inspection checklist you completed at the time of acceptance with your contractor. If you have not moved in on the day of acceptance, you have within 3 days after acceptance to declare the work to be completed. For the common portions, completion of the work is covered if declared in writing by the building professional at the time of <link en>acceptance of the common portions. Note: there can’t be acceptance of the common portions if there is work other than minor work to be completed. If major work is left, it is recommended not to sign the acceptance document of your building. |
Apparent defects or poor workmanship | Covered if listed and declared in writing the RBQ inspection checklist you completed at the time of acceptance with your contractor. If you have not moved in on the day of acceptance, you have within 3 days after acceptance to declare in writing the defects and poor workmanship. | For the private portion, you have within 3 days after acceptance to declare defects and poo workmanship. For the common portions, you and the co-owners’ syndicate must send your claim in writing to the contractor, with a copy to the plan manager, within a reasonable amount of time following the date of the end of the work agreed at the time of acceptance. |
Existing but non-apparent poor workmanship | Covered if existing at the time of acceptance of your house, but discovered within 1 year following the acceptance. You must inform in writing both the contractor and the plan manager within a reasonable amount of time. | Covered if existing at the time of acceptance of your condo (private portion and common portions), but discovered within 1 year following the acceptance. You must inform in writing both the contractor and the plan manager within a reasonable amount of time. |
Latent defects | Covered if discovered and declared within 3 years after acceptance of the house. You must inform in writing both the contractor and the plan manager within a reasonable amount of time. | Covered if discovered and declared within 3 years after acceptance of the condo. You must inform in writing both the contractor and the plan manager within a reasonable amount of time. |
Faulty design, construction, or production, or the unfavourable nature of the ground | Covered if it becomes apparent within 5 years following the end of the work of your house. These defects must be declared in writing to the contractor and to the plan manager within a reasonable amount of time after their discovery or appearance, or in the case of gradual defects or losses, after their first significant manifestation. | Covered if it becomes apparent within 5 years following the end of the work of your condo (private portion and common portions). These defects must be declared in writing to the contractor and to the plan manager within a reasonable amount of time after their discovery or appearance, or in the case of gradual defects or losses, after their first significant manifestation. |
Do you believe that measures must be taken to ensure the preservation of your new home and prevent further damage? You have the right to require the contractor or the plan manager to perform this work, and you may exercise this right at any time throughout the duration of your coverage.
If you find yourself in a situation where you need to have these necessary and urgent preventive repairs done yourself, you can make a claim later for reimbursement from both the contractor and the plan manager by following the appropriate procedures.
