Construction and latent defects
We act for buyers and co-ownerships who are victims of defects.
Follow-up and analysis of expert reports, support, notices of defect, and claims against parties involved in the construction.
Construction defects are major defects discovered within five years of the completion of the work.
The latent defect claim is often confused with construction defects. It follows its own rules and deadlines.
Once the report has been received, syndicates need guidance on how to manage follow-ups and deadlines in order to avoid losing their rights.
― Discovery of the defect
The parameters of discovering a defect constitute a highly complex and fact-specific issue.
The starting point is not necessarily when the damage appears. You may see the tip of the iceberg without yet knowing that it is, in fact, an iceberg.
Sometimes, one defect can conceal another. An immediate response during your work should allow you to issue additional notices and preserve your rights.
― Choosing the appropriate legal remedy
Unfortunately, choosing the wrong remedy can result not only in the dismissal of proceedings, but also in years of waiting for the contractor to correct the issue — with no result.
Warranty plan: a path sometimes fraught with obstacles and governed by its own specific criteria.
Court of general jurisdiction: various remedies that may involve rules of joint and several liability.
― The central role of ‘the cause’
Identifying the cause not only allows for the repair of the building but also helps determine the responsible party or parties. Effective communication between experts and lawyers ensures a precise identification of the cause, protecting both your rights and your property.
Chairing General meetings, representation of co-owners, secretarial services, transition meetings, etc.
Annual update filings (Registraire des entreprises), tax numbers, drafting by-laws and advisory services.
Common expenses, special assessments, legal hypothec, formal notices, infractions and penalties, etc.
