B-1.1, r. 8 - Regulation respecting the guarantee plan for new residential buildings

Section 34 Disposition versions

2015-01-01

34. Any claim based on the guarantee referred to in section 27 is subject to the following procedure:

(1)  the beneficiary shall give notice to the contractor in writing of the construction defect found and send a copy of that notice to the manager in order to suspend the prescription;

(2)  at least 15 days after notice by the beneficiary has been sent, the beneficiary shall notify the manager in writing if he is unsatisfied with the contractor’s intervention or if the contractor has failed to intervene; he shall pay to the manager fees in the amount of $100 for opening the file. Those fees shall be reimbursed to him if the decision to be rendered is in his favour, in whole or in part, or if an agreement is entered into between the parties concerned;

(3)  within 15 days after receipt of the notice prescribed in paragraph 2, the manager shall ask the contractor to intervene and to inform him, within 15 days, of the measures he intends to take to remedy the situation concerning which the beneficiary has given notice;

(4)  within 15 days after the expiry of the period granted to the contractor in paragraph 3, the manager shall carry out an inspection on the premises;

(5)  within 30 days following the inspection, the manager shall file a detailed written report stating whether or not the matter has been settled and send a copy by registered mail to the parties concerned. If the 30-day period cannot be complied with for valid reasons, the manager must so inform the beneficiary, the contractor and the Board in writing; the manager must also provide the reasons for the delay and indicate when the decision will be rendered. If the claim has not been settled, the manager shall decide the claim and order, as applicable, the contractor to reimburse to the beneficiary the cost of necessary and urgent conservatory repairs, or to complete or correct the work within a reasonable time the manager indicates and agreed upon with the beneficiary;

(6)  where the contractor fails to reimburse the beneficiary or to complete or correct the work and there is no recourse to mediation or the manager’s decision is not contested in arbitration by one of the parties, the manager shall, within 15 days after the expiry of the period agreed upon with the beneficiary under paragraph 5, make the reimbursement or take charge of completing or correcting the work, agree to a time period for doing so with the beneficiary and undertake, if applicable, the preparation of corrective specifications and a call for tenders, choose contractors and supervise the work. Within 30 days following the expiry of the period agreed upon with the beneficiary under paragraph 5, the manager must communicate to the beneficiary in writing the planned schedule of the various steps to be carried out to ensure that the corrective work is performed.

(7)  (paragraph replaced).

O.C. 841-98, s. 34; O.C. 39-2006, s. 15; O.C. 156-2014, s. 21.

2012-09-01

34. Any claim based on the guarantee referred to in section 27 is subject to the following procedure:

(1)  within the guarantee period of 1, 3 or 5 years, as the case may be, the beneficiary shall give notice to the contractor in writing of the construction defect found and send a copy of that notice to the manager in order to suspend the prescription;

(2)  at least 15 days after notice by the beneficiary has been sent, the beneficiary shall notify the manager in writing if he is unsatisfied with the contractor’s intervention or if the contractor has failed to intervene; he shall pay to the manager fees in the amount of $100 for opening the file. Those fees shall be reimbursed to him if the decision to be rendered is in his favour, in whole or in part, or if an agreement is entered into between the parties concerned;

(3)  within 15 days after receipt of the notice prescribed in paragraph 2, the manager shall ask the contractor to intervene and to inform him, within 15 days, of the measures he intends to take to remedy the situation concerning which the beneficiary has given notice;

(4)  within 15 days after the expiry of the period granted to the contractor in paragraph 3, the manager shall carry out an inspection on the premises;

(5)  within 20 days following the inspection, the manager shall file a detailed written report stating whether or not the matter has been settled and send a copy by registered mail to the parties concerned. If the claim has not been settled, the manager shall decide the claim and order, as applicable, the contractor to reimburse to the beneficiary the cost of necessary and urgent conservatory repairs, or to complete or correct the work within the period the manager indicates and agreed upon with the beneficiary;

(6)  where the contractor fails to reimburse the beneficiary or to complete or correct the work and there is no recourse to mediation or the manager’s decision is not contested in arbitration by one of the parties, the manager shall, within 15 days after the expiry of the period agreed upon with the beneficiary under paragraph 5, make the reimbursement or take charge of completing or correcting the work, agree to a time period for doing so with the beneficiary and undertake, if applicable, the preparation of corrective specifications and a call for tenders, choose contractors and supervise the work;

(7)  (paragraph replaced).

O.C. 841-98, s. 34; O.C. 39-2006, s. 15.