The role and responsibility of each one
Whatever the size of the construction site involved in your case, we will be able to advise you and deal with your legal disputes in this field. The different professionals engineers, land surveyors or architects involved have a specific and complementary role to play in your projects.
Their negligence and omissions also entail a specific share of liability which, pending certain facts and time limits provided for in the Civil Code, can even be jointly between them.
At Judilex, we will ensure the safeguard of your rights and the protection of your interests. Depending on the complexity of each case, experienced experts may intervene to identify in advance the exact causes and repair costs of defects or poor workmanship and substandard work that affects your property.
We can also advise you on the validity of legal hypothecs published by contractors and see to reduce their scope or proceed to write them off with an order from courts.
Judilex Avocats - your rights, our expertise.
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Advise and represent you for any of your construction case, including in case of hidden or structural defects.
Claim arising from the warranties against substandard work.
New home and building arbitration and guarantees, provided by the Regulation respecting the guarantee plan for new residential buildings.
Negotiation and drafting of agreements.
Proceed in order to engage the professional liability of engineers, architects, entrepreneurs, contractors, technologists, and land surveyors.
Register legal hypothecs to of contractors and other persons involved in construction or renovation works, and take legal recourses arising from their hypothecary rights.
Challenge and write off any unfounded, exaggerated, late or abusive legal hypothec subsisting after construction or renovation works were completed.
Every building owner knows it well: municipal bylaws can be modified, canceled, replaced by others, without necessarily informing you each time. Faced with this reality, it is always useful to remember that your building can however benefit from acquired rights.
Unpleasant surprises can arise after the purchase of a property. Hidden defects are quite common and require the buyer to make a good decision, without delay. Reminder of what to do then.
In 2021, the Administrative Housing Tribunal rejected the request to evict a tenant from a housing cooperative, under a clause of departure from the dwelling. A look back at this decision, which questions the validity and application of the departure clauses in some situations.
On July 21, 2021, a draft regulation amending the Regulation respecting mandatory lease forms and the particulars of a notice to a new lessee was published in the Gazette officielle du Québec. Several modifications to the mandatory leases of the different types of housing are indicated there.
The condominium associations (syndicates) are required to comply with several obligations in the insurance of their buildings: here is a reminder of these main obligations, in force since April 15, 2021.
In a unanimous judgment, the Quebec Court of Appeal said that the silences of the declaration of co-ownership cannot be interpreted by the courts without taking into account the presumptions imposed by law, and without evidence to the contrary that could rebut these presumptions.
In 2018, the rules governing the insurance of your condominium were widely revised following the adoption of Bill 141. This revision was based on the work of committees dedicated to insurance reform into condominiums in Quebec since 2011 …
When an employer has to terminate an employee's permanent contract, the factual circumstances will be decisive in order to manage this dismissal appropriately. They are also used to assess the reasonable notice that may be due to this employee.
On December 5, 2019, Bill 16 was passed by the National Assembly. From January 10, 2020, a series of new important obligations will have to be respected by the co-ownership syndicate in the management of its building.
Adopted on November 5, 2019, Bill 36 amends the Companies Act applying to provincial NPOs. This act now allows for remote decision-making and voting at meetings of boards of directors and assemblies of members.
On December 5, 2019, Bill 16 was adopted by the National Assembly. Numerous changes are made to the proceedings rules of the Rental Board tribunal, framing demands filed by the parties with more severity.
In Quebec, the tenant has the right to maintain occupancy of their dwelling. However, this principle of housing law knows certain exceptions, one of which being the corporate and contractual nature of a housing cooperative.
All boards of directors are well aware of this: the powers and capacities that directors exercise are conferred on them by the assembly of members of their non-profit organization (NPO) or their cooperative.
In addition to the other changes made to the law of co-ownership, the adopted Bill 16 modifies and specifies several rights and obligations of the co-owners meetings and syndicate, adding transparency to the management of your co-ownership building.
Since January 10, 2020, the date of entry into force of many changes made by Bill 16, the transactions of buyers of private condominium units have been better protected. Indeed, new obligations are imposed on the promoter-builder of a condominium.
Whatever the type of cooperative, members sometimes have to answer for their conduct before the board of directors. However, this disciplinary power must be exercised in accordance with the provisions set by sections 57 to 60.2 of the Cooperatives Act.
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