The contractor and the licence

A contractor who is working without a licence runs at all times the risk of being fined since he/she is committing an offence.

There are always risks with calling upon a contractor without a licence to carry out any construction or renovation work. What if the contractor abandons the site without having finished the work, or worse, vanishes with your advance payment without even performing the work at all? Whether it is for a new construction or a renovation, the contractor you select should hold a contractor’s licence.

It is a mandatory requirement that licence holders detain a licence security. The licence security is intended to compensate any client who suffered prejudice as a result of the non-performance or performance of the construction work, and arising directly from the partial payments made, the non-completion of the work, poor workmanship and defects discovered within one (1) year following the end of the work.

The licences issued are of indefinite term. To learn if your contractor still holds a valid licence, please refer to the Repertory of the licence holders. The holder must make sure he/she meets the payment of the regulatory fees and charges due each year in order to maintain his/her licence.

• Make sure you deal with a contractor holding a building contractor’s licence issued by the RBQ, the CMMTQ or the CMEQ. Furthermore, make sure that the name of the contractor appearing on the contract matches the name of the company who holds the licence.
• Ask tenders from more than one contractor.
• Contact former clients of the contractor to ask about their satisfaction with the contractor’s work.
• Require a contract containing an accurate and detailed description of the work as well as a time frame for its performance.
• Pay the smallest advance payment possible.
• Retain your final payment until the work has been completed to your satisfaction.
• If you suffer a prejudice which is covered by the licence security, do not wait before forwarding to the contractor a formal demand of performance, preferably by registered mail. Keep the registered mail receipt; you will need it if you ever decide to seek legal remedy.

You can verify this by contacting us, provided that the licence is still valid and that the request is consistent with the Act respecting access to documents held by public bodies and the protection of personal information.

L’Office de la protection du consommateur also issues itinerant sales permits and can inform you whether or not complaints have been filed to the contractor’s record.

• the Ordre des architectes du Québec
• the Ordre des technologues professionnels du Québec
• the Ordre des ingénieurs du Québec .