Abuse of Rights in the Construction Industry

Whether you’re a contractor or a client, and you’re suffering from abuse of rights on the part of your co-contractor, we’re here to help!

While many questions can be answered with the help of the guides, sample letters and forms in our legal toolkit, an independent jurist affiliated with PSP Legal will always be happy to help you by answering any questions you may have.

• Online

• By phone

• In person

Of course, if you prefer to have an experienced practitioner take charge of your situation and intervene directly and quickly on your behalf, you can also request that one of the independent jurists affiliated with PSP Legal represent you by clicking here.

Abuse of rights: definition

In Quebec law, abuse of rights is defined as the misuse or excessive use of a privilege or right. Abuse of rights can be likened to bad faith in the performance of a contract, i.e. the attitude of a person whose actions reveal the awareness or desire to harm others or to evade his or her obligations.

Abuse of rights is therefore the opposite of good faith. This principle is codified in article 7 of the Civil Code of Quebec, which states that no right may be exercised with a view to harming another person, or in an excessive or unreasonable manner, thus running counter to the requirements of good faith. By implication, all parties to a contract must be sincere, honest and loyal in the performance of their obligations.

Moreover, article 1375 of the Civil Code of Quebec specifies that good faith must govern the parties at all stages of their contractual relationship, i.e. negotiation, performance and termination of a contract. The general duty of good faith is broken down into several sub-obligations. For example, the duty of loyalty requires a party to refrain from harming its co-contractor or abusing its contractual right.

As for the duty of cooperation, it implies the active participation of the parties, who are required to help and assist each other at all stages of a contractual relationship.

There are as many forms of abuse of rights as there are disputed contractual situations. Abuse of rights can result, for example, from the way an owner uses his right of ownership or his right of action against a contractor.

How we can help

Our legal toolkit includes a variety of online resources and links to templates and guides to help you better understand your obligations.

However, should the Legal Toolkit prove insufficient in your situation, you can obtain additional assistance by speaking with one of PSP Legal’s affiliated jurists:

• Online

• On the phone

• In person

Of course, if you prefer to have an experienced practitioner handle your situation, you can always request that one of the independent jurists affiliated with PSP Legal intervene on your behalf by clicking here. He or she will then be able to intervene directly and rapidly on your behalf by:

• Preparing, negotiating and drafting applications, procedures or any other legal documents related to your situation;
• Assisting and advising you on your legal rights and obligations;
• Representing you before the courts when legal action is taken;
• Guiding you through the choices available to you, leading to a fair and satisfactory solution.

PSP Legal, because you deserve expert advice!