Once both forms have been received, the claim file will be officially opened, and it will be assigned to a GCR conciliator within the timeframe set out in the Regulation.
Because each file is unique, we cannot determine what decision will be made by GCR. Only a thorough analysis of the file by a conciliator based on the criteria set out in the Regulation respecting the guarantee plan for new residential buildings will make it possible to determine whether an aspect is covered or not. However, article 9 of the Regulations states the following:
The guarantee of a plan, where the contractor fails to perform his legal or contractual obligations before the acceptance of the building, shall cover,
(1) in the case of a contract of sale,
either the partial payments by the beneficiary; or
completion of the work, where the beneficiary holds the ownership titles provided that no unjustified profit for the latter results therefrom;
(2) in the case of contract of enterprise,
either the partial payments by the beneficiary, provided that no unjustified profit for the latter results therefrom; or
completion of the work provided that no unjustified profit for the latter results therefrom;
In the first case (contract of sale), while the contractor still holds the titles, GCR can only order the repayment of the partial payments, depending on the situation, up to a maximum of $50,000.
In the second case (contract for enterprise), depending on the situation, GCR can order the reimbursement of the partial payment up to a maximum of $50,000 or the completion of the work.