Protection Under the Law of the Province of Quebec.(protection given to those who have taken part in the construction or renovation of an immovable)

Unlike the Common Law Provinces, it is through its general law that the Province of Quebec governs the protection given to those who have taken part in the construction or renovation of an immovable. Articles 2726, 2727 and 2728 of the new Civil Code of Quebec, in force since January 1st, 1994, especially define the rules and/or guidelines to ensure such protection. For your benefit, we have annexed copies of those sections, which are located on page 62.

Nature of the Protection:

To those entitled by their participation in the construction of an immovable, the law gives a Legal Hypothec, which means:

1. Hypothec: "a general mortgage on the land and the building in construction or in renovation."

2. Legal: "given by the law as opposed to an ordinary mortgage (bank loan) which is a conventional mortgage signed by the borrower and the lender."

3. Immovable: "the premises to which additional value is given by the work done or the materials supplied; that is the land and any building erected thereon forming in law a part thereof."

Nature of the Project: