Defects appeared after my renovations, how long am I protected?

Verified 9 August 2026 Law of Quebec and Canada General information, not legal advice

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Short answer

Two legal warranties of different lengths exist, and neither depends on the contract. Article 2120 of the Civil Code of Québec binds the contractor, the architect, the engineer, the professional technologist and, where applicable, the subcontractor jointly for one year to warrant the work against poor workmanship existing at the time of acceptance or discovered within one year after acceptance. Article 2118 makes them solidarily liable for the loss of the work occurring within five years after the work was completed, whether the loss results from faulty design, construction or production, or from defects in the ground.

In detail

The two articles do not cover the same thing. Article 2120 covers poor workmanship: a defect in execution, work badly done, without the work itself being at risk. Its length is one year, and it runs from the acceptance of the work · the poor workmanship may exist at acceptance or be discovered within the year that follows. Article 2118 covers the loss of the work, that is, harm to the work itself or to its soundness; its length is five years from completion of the work.

The difference between "jointly" (art. 2120) and "solidarily" (art. 2118) bears on how several participants answer for the same damage. In both cases the list of persons bound is the same: the contractor, the architect, the engineer, the professional technologist who directed or supervised the work, and the subcontractor for the work he performed.

Article 2119 states how those persons may be relieved from liability: the architect, engineer or professional technologist by proving that the defects result neither from an error or defect in the expert opinions or plans supplied, nor from a failure in the direction or supervision of the work; the contractor by proving that the defects result from an error or defect in the expert opinions or plans of the professional selected by the client.

Two further regimes sit alongside the Civil Code. The Building Act, in s. 46: "No person may act as a building contractor, hold himself out to be such or give cause to believe that he is a building contractor, unless he holds a current licence for that purpose."; a licence is verified with the Régie du bâtiment du Québec. Sections 77 to 79.1 of the same Act provide for guarantee plans certain contractors are required to join, a contractor so bound being "bound to repair any defect in construction resulting from the failure to carry out or from the carrying out of construction work covered by the plan". Which contractors must join, what is covered and the notice periods are left to a regulation of the Régie, which was not read here.

What to document

The invoice or contract, with its date. The method of payment · a bank or card statement carries a date no one disputes. Exchanges with the merchant, with their timestamps. The condition of the goods when the problem appeared: a photograph carries its date; a recollection does not.

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Official sources

art. 2120 du Code civil du Québec (RLRQ c CCQ-1991) · read on 2026-08-09

Defects appeared after my renovations, how long am I protected?

In detail

What to document

Official sources

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