Report to the landlord of a building

Steps to inform the owner of a building under construction.

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This dénonciation aims to inform the owner of the under-construction building to retain, in the event of a dispute, a sufficient amount from the contract price to pay subcontractors, if necessary. Individuals who have not directly contracted with the owner must therefore notify their contracts before the materials or services have been provided or rendered. However, the worker is not required to notify their contract.

Only work and materials performed or delivered after the written notification of the contract to the owner can be guaranteed by the hypothèque légale. It is only at this moment that the legal hypothec takes effect.

The notification must be made to the owner. Is the notification valid if it is sent to:

  • The mere holder of a purchase promise without tradition and possession?
  • A minority owner or one who is minimally involved in the business activities?
  • The owner's spouse?
  • The undivided co-owners of the building?

Should a new notification be made to the owner if changes are made to the price or terms of the contract? What happens if the building is sold during the work?

The notification must include a description of the building. When the project contains multiple operating units (condos, townhouses), should the notification describe the building as a whole or each of these operating units?

Since the notification is the basis of the legal hypothec, it is important to consult a specialized notary in the field because:

  • they will conduct a title search to verify the identity of the building owner;
  • they are specialists in contract drafting;
  • they are required to have liability insurance;
  • they will complete the necessary legal documentation to ensure that all notification formalities have been followed.
If you need more information on this service, please contact us
514 374-4303
Email
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