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GCR is here to protect you!

GCR advocates for good relations between parties. Ideally, all problems could be eventually resolved by the contractor and buyer reaching an agreement. As often as possible, you should try to reach an agreement with a contractor before they file an official claim. Not every case is resolved after a request for action to be taken is issued. If the problem is not resolved, there is a written procedure set out in the Regulation respecting the guarantee plan for new residential buildings.

Reimbursement of advance payments and completion of work

Step 1 : Written notice to the contractor

The situation must be reported in writing to the contractor with the complaint form and must be sent by registered mail or email. A copy must also be sent to GCR.

Within 15 days of receiving your copy of the complaint form, GCR sends you a claim form and a list of documents to return if necessary. You must complete it after the minimum statutory period of 15 days following your complanit.

→ Download the contractor complaint form


Step 2 : Claim request with GCR

If you’re not satisfied with the action taken by the contractor or if the contractor has not taken action, you can open a claim case with GCR. To do so, you must submit the completed claim form, along with the requested documents and a cheque for $114.98 ($100, plus $5 GST and $9.98 QST). This cost can usually be refunded if GCR decides fully or partially in the buyer’s favour or if an agreement is entered into between you and the contractor.


Step 3 : Request for Intent or visit

Following receipt of documents and payment, GCR will open your case and assign it to a conciliator.

GCR will send a letter asking the contractor to take action. The contractor must inform GCR of the measures it intends to take to remedy the situation.

In some cases, a visit from the conciliator may be required and you will be notified by email, if necessary.


Step 4 : Decision

At the end of the period relating to the request for intent or following the conciliation visit, GCR produce a written and detailed report on the settlement of the file and send a copy by registered mail to you and to the contractor.


Step 5 : Reimbursement

If the decision is in your favour and the contractor fails to refund the advance payment, GCR will reimburse you.

 

Relocation, moving and storage

Step 1 : Written notice to the contractor

The situation must be reported in writing to the contractor with the complaint form and must be sent by registered mail or email. A copy must also be sent to GCR.

Within 15 days of receiving your copy of the complaint form, GCR sends you a claim form and a list of documents to return if necessary. You must complete it after the minimum statutory period of 15 days following your complaint.

→ Download the contractor complaint form


Step 2 : Claim request with GCR

If you’re not satisfied with the action taken by the contractor or if the contractor has not taken action, you can open a claim case with GCR. To do so, you must submit the completed claim form, along with the requested documents and a cheque for $114.98 ($100, plus $5 GST and $9.98 QST). This cost can usually be refunded if GCR decides fully or partially in the buyer’s favour or if an agreement is entered into between you and the contractor.


Step 3 : Request for Intent 

Following receipt of documents and payment, GCR will open your case and assign it to a conciliator.

GCR will send a letter asking the contractor to take action. The contractor must inform GCR of the measures it intends to take to remedy the situation.


Step 4 : Decision

At the end of the period relating to the request, GCR produce a written and detailed report on the settlement of the file and send a copy by registered mail to you and to the contractor.


Step 5 : Reimbursement

If the decision is in your favour and the contractor fails to refund, GCR will reimburse you.

Claim for corrective work

Step 1 : Written notice to the contractor

The situation must be reported in writing to the contractor with the complaint form and must be sent by registered mail or email. A copy must also be sent to GCR.

Within 15 days of receiving your copy of the complaint form, GCR sends you a claim form and a list of documents to return if necessary. You must complete it after the minimum statutory period of 15 days following your complaint.

→ Download the contractor complaint form


Step 2 : Claim request with GCR

If you’re not satisfied with the action taken by the contractor or if the contractor has not taken action, you can open a claim case with GCR. To do so, you must submit the completed claim form, along with the requested documents and a cheque for $114.98 ($100, plus $5 GST and $9.98 QST). This cost can usually be refunded if GCR decides fully or partially in the buyer’s favour or if an agreement is entered into between you and the contractor.


Step 3 : Request for Intent and visit

Following receipt of documents and payment, GCR will open your case and assign it to a conciliator.

GCR will then send, by email, a notice indicating the date on which the conciliator’s visit will take place – to observe the elements denounced only in the complaint form – unless an agreement between you and the contractor is reached.


Step 4 :  Decision

After the visit, GCR files produce a written and detailed report on the settlement of the file and send a copy by registered mail to you and to the contractor.


Step 5 : Corrective work

If the decision recognizes one or more points, your contractor must correct them according to the deadlines mentioned by the decision.

If the contractor doesn’t perform the corrective work as ordered, it may be handled by GCR.

Mediation and arbitration

If you disagree with GCR’s decision, you have 30 days following receipt of the conciliator / decision maker’s decision to submit your case to a mediator or arbitrator. If an attempt at mediation fails, you can submit your case to arbitration.

Under mediation, the two parties come to a meeting, in which an independent mediator will try to bring the parties together to reach an amicable agreement without the need for arbitration.

If the mediation process fails, you can move to arbitration. An arbitration agency that is fully independent from GCR, the contractor and the buyer will be appointed to hear the case. Arbitration is a formal process, though less formal in procedure than a civil court case. The arbitrator, who is usually a lawyer, acts as the decision maker. They analyze the ruling made by GCR’s conciliator / decision maker, and based on their analysis of the facts and applicable legislation, fully or partially upholds or overturns the ruling.

 

Mediation and arbitration expenses

Expenses for mediation are shared equally between participants. This is not the case for arbitration:

  • If the contractor is the claimant, expenses are shared equally between the contractor and GCR.
  • If the buyer is the claimant, expenses are covered by GCR, unless the arbitrator does not decide in favour of the consumer on any of the points of their claim, in which case the arbitrator uses their discretion to split the expenses.
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