Question: Do I have to declare each one of my contracts?

Answer: Absolutely. If you are not paid for services rendered, it will be your only recourse to legal proceedings and to publish a legal hypothec (there are however exceptions for certain projects). You must also mail a certified copy of your declaration to the general contractor and to the creditors.

Question: Do I need a title search for each project?

Answer: Yes. Only by getting a title search can you be assured of the identity of all the owners of the property. This way you can be certain that you are declaring to the right owners, and most importantly, to ALL the owners.

Question: Do I have to declare if I have a signed contract with the owner?

Answer: No, but to make sure that the person (or the company) with whom you have signed the contract is veritably the owner you should request a title search.

Question: If the contractor provides me with the owner’s contact information, do I still need to request a title search?

Answer: Yes. The contractor does not necessarily know the correct names of all the owners and in the case of new projects, they will often change owners weeks or even days before the beginning of construction. Also, the search results we provide you will contain much more information than a contractor could give you.

Question: Municipality employees have given me the contact information of the owners. Why do I need a title search?

Answer: Be careful! Generally, city registers do not have recent information concerning change of ownership, and they don’t necessarily have all the EXACT names of all the owners. In most cases, cities only receive the updated information about new owners 2 to 3 months after the sales transaction. (In some cities like Laval, Montreal and Longueuil, it can take as long as 6 months to 1 year before information about a new owner appears on the register.

How much time do I have to publish a legal hypothec?

Answer: As long as you have sent a declaration of contract letter to all the owners (before the start of the contract), you have up to 30 days after the completion of the work.

Question: Can I declare to governments and municipalities?

Answer: As a general rule it is possible to declare to the government but more conditions apply. First of all, you must have a title search done to be certain that the property is in fact government owned, and if it is, you should then seek the advice of a lawyer before proceeding. As for municipalities, you can publish a legal hypothec on their properties.

Question: I am renovating for a tenant in a shopping center; can I still declare my contract?

Answer: Once again, more conditions apply in this case. According to the law, the owner of the shopping center must be directly involved with the renovation or construction taking place in order for you to have the right to publish a legal hypothec. We suggest that you speak with the owner or with a lawyer to find out how to proceed.

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