The courts

You can always take legal action against your contractor before an ordinary court. Note, however, that the Guarantee Plan for New Residential Buildings does not apply to claims filed with an ordinary court. 

Let’s say your claim mainly concerns work not covered by the mandatory guarantee plan, such as landscaping or an outdoor pool (see the exclusions), and some remedial work that is covered, such as cracks in the foundation.

You could choose to include all these points in a single claim and take it to court. The value of your claim will determine which court has jurisdiction.

• Court of Québec, Small Claims Division – $15,000 or less
• Court of Québec – $15,000.01 to $74,999.99
• Court of Québec or Superior Court, at your discretion – $75,000.00 to $99,999.99
• Superior Court – $100,000 or more

The Civil Code of Québec then applies in full, and the mandatory guarantee plan no longer applies to the items that were the subject of the claim before the courts.