Contrat de rénovation (Québec)

A Quebec renovation contract (contrat de rénovation) is a legally binding agreement between a homeowner and a contractor for the performance of renovation or construction work on a residential property. Under the Civil Code of Quebec (C.c.Q.), this agreement is classified as a contract of enterprise (contrat d'entreprise) governed by articles 2098 to 2129. Article 2098 C.c.Q. defines the contract of enterprise as a contract by which a person, the contractor, undertakes to carry out physical or intellectual work for another person, the client, for a price which the client binds himself to pay. The renovation contract is a critical document that protects both the homeowner and the contractor by clearly defining the scope of work, materials, timeline, pricing, payment terms, and warranty obligations. In Quebec, contractors performing renovation work valued at over $5,000 must hold a valid license from the Régie du bâtiment du Québec (RBQ), as required by the Building Act (Loi sur le bâtiment). The RBQ license requirement ensures that contractors meet minimum standards of competency, financial solvency, and insurance coverage. Quebec's renovation contract framework also incorporates mandatory warranty provisions that cannot be waived, including the 5-year structural warranty under article 2118 C.c.Q. and the 1-year workmanship warranty under article 2120 C.c.Q. These protections are fundamental to Quebec civil law and provide homeowners with significant recourse in case of defective work.

A Quebec renovation contract is needed whenever a homeowner engages a contractor to perform renovation, remodeling, or construction work on their property. Common renovation projects that require a formal contract include kitchen and bathroom renovations, which typically involve demolition, plumbing, electrical work, cabinetry, and finishing. Basement finishing and conversion projects transform unused space into living areas and often require compliance with building code requirements for egress, fire safety, and ventilation. Roof replacement and repair projects protect the structural integrity of the home and often involve significant material and labor costs. Exterior renovations such as siding replacement, window and door installations, and deck construction alter the building envelope and may require building permits. Structural modifications including wall removal, room additions, and floor plan changes require engineering oversight and strict building code compliance. Energy efficiency upgrades such as insulation improvement, HVAC system replacement, and window upgrades are increasingly common and may qualify for government rebates. The contract is equally important for smaller projects such as flooring replacement, painting, and minor plumbing or electrical work when the total cost exceeds $5,000. Having a written contract is essential for legal protection, warranty enforcement, and dispute resolution, regardless of the project size.

The key elements of a Quebec renovation contract include several critical components required by the Civil Code of Quebec and the Régie du bâtiment du Québec. First, complete identification of the homeowner (client) is necessary, including full name, address, and contact information. Second, the contractor must be fully identified with their company name, address, contact information, RBQ license number, Quebec Enterprise Number (NEQ), and liability insurance details. Third, the property where work will be performed must be precisely described with its address and type. Fourth, a detailed description of the renovation work must be provided, including specific tasks, materials to be used, who supplies the materials, and any required building permits. Fifth, the project timeline must be clearly established with start and completion dates, working hours, and penalties for delays. Sixth, the financial terms must be comprehensive, including the price type (fixed or cost-plus), total price before taxes, down payment amount, detailed payment schedule tied to milestones, and holdback provisions. Seventh, warranty terms must be specified in accordance with articles 2118 and 2120 C.c.Q., covering the 5-year structural warranty and the 1-year workmanship warranty. Eighth, the obligations of both parties must be clearly stated, including the contractor's duties regarding quality, safety, and cleanup, and the homeowner's duties regarding access and payment. Ninth, a good faith clause pursuant to article 1375 C.c.Q. must be included. Finally, the governing law clause must reference the Code civil du Québec, the Loi sur le bâtiment, and the Code de construction.