The entrepreneur's duty to inform

Although a contractor has the free choice of methods of carrying out his work as part of the implementation of his contract with his customers¹, it is nevertheless subject to various obligations, including in particular the obligation to provide information².

To this end, a construction contractor has the obligation to inform his client well about the tasks he undertakes to perform, both before the start of a project and during the implementation of it. In particular, he must inform his client about the main elements related to his work, namely in particular:

• The risks associated with the work;
• The quality and cost of materials;
• The time required to carry out the work.

In summary, it is the responsibility of a construction contractor to ensure that their client can make an informed decision about the work.

The duty to provide information also implies that the contractor must be vigilant about requests from customers during the project, which could present a risk to the progress of the project.

Indeed, a contractor should not blindly execute the requests of his customers, especially when faced with people with little or no experience in the construction field.

For example, when a customer requests that work be carried out that would not comply with the Construction Code or the standards in force, or when a customer requests the use of less expensive materials, but whose quality leaves much to be desired, the contractor's obligation to inform requires the contractor to refuse to perform this work and/or to adequately inform the customer of the possible consequences of these choices.

A contractor, as a construction professional, should never submit to the requirements of his customers when his knowledge and professionalism suggest that he do otherwise.

In the event that a client is inflexible about its requests and that these could have a negative impact on a project, the best practice would be to refuse to execute them, even if this can lead to difficult discussions with the client.

It is also always appropriate to document in writing any denunciation of risks or potential problems and to obtain written confirmation from the customer to this effect prior to carrying out such work, if necessary. The aim is always to keep written proof that the duty to inform has been respected and that the customer has made a free, informed and informed choice in advance.

1. Article 2099 C.C.Q.2. Article 2102 C.C.Q.

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