Beware of Dishonest Renovators

Somebody rings your doorbell and tells you that your roof needs to be redone, your windows should be replaced or your chimney is a hazard...

Be careful ! Take time to think the matter over!

Ask the individual claiming that your home needs renovations to show you his building contractor's licence issued by the Régie du bâtiment du Québec. Note the number, category, subcategory and date of expiration. Also note the number of his itinerant merchant's permit issued by the Office de la protection du consommateur if he proposes a purchase or installation contract for doors, windows, exterior siding or thermal insulation. Also ask him to give you his business card. If the only address on it is a post office box, beware!

Most of all, do not sign anything on the spot! Don't be too quick to make a decision if you are being pressured by a person who is being too insistent. Ask the contractor to give you an estimate. Tell him that you will think about it and inform him when you have made up your mind. If he is too insistent and you feel intimidated or threatened, tell him that you will call the police.

Do not make any down payment before having made all the necessary verifications. You also have a ten-day period of reflection under the law after signing a contract with an itinerant salesperson, and this itinerant salesperson is prohibited from asking you for a down payment during that period.

After the contractor has left, promptly make the following verifications:

• Verify his itinerant merchant's permit at the regional office of the Office de la protection du consommateur.
• Also check with the Régie du bâtiment du Québec to find out whether he is in good standing. Choosing a contractor holding the appropriate licence issued by the Régie du bâtiment du Québec will guarantee that the person is competent and solvent. And if the work done by the contractor is not to your satisfaction and he refuses to do anything about it, you can file a complaint with the Régie, which will help you settle the dispute.
• Consult people you trust or other contractors regarding the urgency of the work to be done and the need for it. Don't sign anything before obtaining a second opinion on the necessity of the work and its cost.

By ensuring that the contractor is in good standing, chances are that you will never have any problems. If you are doing business with a contractor who does not hold a building contractor's licence or an itinerant merchant's permit, it could be very hard for you to assert your rights if the work is botched, incomplete or unnecessary. This will also be the case if the so-called contractor proposes that you pay under the table, i.e. without any taxes or invoice: how can you sue him if you have no proof?

Under the Building Act, contractors who carry out construction work are required to hold licences issued by the Régie du bâtiment du Québec, and these licences must be renewed every year. Contractors must ensure that their licence numbers appear on their advertising, estimates, tenders, contracts and statements of account, as well as on their vehicles and worksites. This ten-digit number must be displayed as follows:
Licence RBQ : 1234-5678-90 (example).

Contractors who go door-to-door making sales pitches are itinerant salespersons. As such, they must have an itinerant merchant's permit issued by the Office de la protection du consommateur. This permit gives you some financial protection in that, under the Consumer Protection Act, itinerant salesmen are required to provide security if they want to operate that type of business.

If you are planning to have building or renovation work done, here are a few pointers that may help you avoid problems.

• Before contacting a contractor, decide on the precise nature and scope of the work to be done. Put it in writing and, if need be, draw up a detailed plan. For major building work, you should have plans and specifications drawn up by a professional.
• Then ask three contractors holding the appropriate licences for the type of work planned to submit tenders. We recommend that you contact former clients of the contractor to find out if they are satisfied with the contractor's work and after-sales service.
• Some contractor associations offer guarantee plans covering building and renovation work. Not only should you find out about the type of coverage offered, but you should also check with the association offering the plan to see whether the contractor is really accredited and has declared the work to the administrator of the plan.
• When signing a contract for which the salesperson is required to hold an itinerant merchant's permit, ensure it contains all the elements required by the Consumer Protection Act, including the itinerant merchant's permit number. Also require that the contract include a very precise description of the work and a work schedule. Keep in mind that the contractor's obligations are limited to the work described in the contract. The contract should be in duplicate, and the contractor should give you a copy of it. In case of doubt, call your regional OPC office.
• Give the lowest amount possible as a down payment.

If you signed a contract with an itinerant merchant, you can end it by sending the salesperson a notice of cancellation within 10 days after signing the contract, preferably by registered mail. Your contract will then be cancelled, and you don't have to justify your decision. The seller has to promptly refund any down payment you made and, if he had already started the work, he will have to restore the premises. In order to avoid any problems, when you sign a contract with a door-to-door salesperson to have renovation work done, do not agree to have the work start before the end of the ten-day reconsideration period.

When work not anticipated in the contract is required, demand a written agreement with the contractor regarding the additional work and its cost. This will ensure that there are no surprises when you receive the bill.

While work is under way, you or a professional of your choice should monitor it and point out to the contractor anything not done to your satisfaction. Never make the final payment until all work has been completed.

If you are not satisfied with the construction work done by a contractor holding a licence issued by the Régie du bâtiment du Québec, first try to come to an agreement with him. If you do not succeed, notify the contractor by registered mail of the exact nature of your complaint, and give him five to ten days to correct the situation. If you have not obtained satisfaction, you can file a complaint with one of the regional offices of the Office de la protection du consommateur or of the Régie du bâtiment du Québec, or you can go before the courts, including the small claims court for cases involving amounts not exceeding $7000.

If the work is covered by a guarantee plan, notify the contractor in writing of any construction defects and send a copy to the plan administrator. Use registered mail so that you will have proof of your notification. If the contractor has not given you satisfaction within a reasonable time limit, you can inform the administrator of this in writing and thereby initiate the claim settlement process. Make sure that you meet the deadlines so that the coverage offered applies.

It is essential that you file a complaint with the Régie du bâtiment and the Office de la protection du consommateur even if the contractor is not registered with these organizations. Appropriate measures can then be taken so that other consumers will not find themselves in the same situation.

If you are the victim of fraud, don't hesitate to file a complaint with your local police department or the Sûreté du Québec. People guilty of fraud count on the silence of their victims, who all too often are slow to report defrauders, either because they are ashamed of having been had, or because they hesitate to bother the police. By talking to a police officer about your situation, you will help put a stop to these unscrupulous people passing themselves off as contractors.

• Before giving a contractor a renovation or construction contract, insist that he show you his building contractor's licence issued by the Régie du bâtiment du Québec and, if he comes to your home to offer his services, his itinerant merchant's permit issued by the Office de la protection du consommateur. Take down the numbers.
• Do not let yourself be intimidated. Take time to think the matter over. Do not sign anything on the spot and don't make any down payments until you have made all the necessary verifications.
• Ask the contractor if the work is covered by a guarantee plan and check this information with the plan administrator.
• Require a complete and detailed contract. Do not make the final payment before all work has been completed.
• You must meet all deadlines for cancelling an itinerant sales contract or for initiating the claims settlement process under a guarantee plan.
• Do not hesitate to file a complaint if you are dissatisfied with the work done, and especially if you have been the victim of a dishonest contractor.

REGIONAL OFFICES OF THE OFFICE DE LA PROTECTION DU CONSOMMATEUR

www.opc.gouv.qc.ca

REGIONAL OFFICES OF THE RÉGIE DU BÂTIMENT DU QUÉBEC