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

Section 29 Disposition versions

2015-01-01

29. The guarantee excludes

(1)  repairs to defects in the materials and equipment supplied and installed by the beneficiary;

(2)  repairs made necessary by normal behaviour of materials, such as cracks or shrinkage;

(3)  repairs made necessary by a fault of the beneficiary such as inadequate maintenance or misuse of the building, as well as alterations, deletions or additions made by the beneficiary;

(4)  deterioration brought about by normal wear and tear;

(5)  the obligation to relocate, move or store the beneficiary’s property and repairs made necessary following an event of force majeure, such as an earthquake, a flood, exceptional climatic conditions, a strike or a lock-out;

(6)  repairs to damage resulting from the contractor’s extra-contractual civil liability;

(7)  repairs to damage resulting from contaminated soil, including replacement of the soil itself;

(8)  the obligation of a public utility to supply the building with natural gas or electricity;

(9)  parking areas or storage rooms located outside the building containing the dwelling units, and any works outside the building such as swimming pools, earthwork, sidewalks, driveways or surface water drainage systems, except the negative slope of the land;

(10)  promises of a vendor concerning costs for use or energy consumption of appliances, systems or equipment included in the construction of a building; and

(11)  claims from the persons who contributed to the construction of the building.

However, the exclusions as provided for in subparagraphs 2 and 5 of the first paragraph do not apply if the contractor failed to comply with accepted practice or with a standard in force applicable to the building.

O.C. 841-98, s. 29; O.C. 39-2006, s. 12; O.C. 156-2014, s. 17.

2012-09-01

29. The guarantee excludes

(1)  repairs to defects in the materials and equipment supplied and installed by the beneficiary;

(2)  repairs made necessary by normal behaviour of materials, such as cracks or shrinkage;

(3)  repairs made necessary by a fault of the beneficiary such as inadequate maintenance or misuse of the building, as well as alterations, deletions or additions made by the beneficiary;

(4)  deterioration brought about by normal wear and tear;

(5)  the obligation to relocate, move or store the beneficiary’s property and repairs made necessary following an event of force majeure, such as an earthquake, a flood, exceptional climatic conditions, a strike or a lock-out;

(6)  repairs to damage resulting from the contractor’s extra-contractual civil liability;

(7)  repairs to damage resulting from contaminated soil, including replacement of the soil itself;

(8)  the obligation of a public utility to supply the building with natural gas or electricity;

(9)  parking areas or storage rooms located outside the building containing the dwelling units, and any works outside the building such as swimming pools, earthwork, sidewalks, driveways or surface water drainage systems;

(10)  promises of a vendor concerning costs for use or energy consumption of appliances, systems or equipment included in the construction of a building; and

(11)  claims from the persons who contributed to the construction of the building.

However, the exclusions as provided for in subparagraphs 2 and 5 of the first paragraph do not apply if the contractor failed to comply with accepted practice or with a standard in force applicable to the building.

O.C. 841-98, s. 29; O.C. 39-2006, s. 12.