The general contractor’s solidary liability
Rules checked on October 13, 2026
Being solidarily liable means you can be made to pay someone else’s whole debt, and then have them pay you back. In construction, several laws put part of the risk on the general contractor when a subcontractor doesn’t pay. Here are the main ones, and what protects you.
Construction wages (R-20 Act)
Under section 54 of the R-20 Act, the wages a subcontractor owes its employees are a solidary obligation of that subcontractor, the one it contracted with, the contractor and every intermediate subcontractor. If your subcontractor, or your subcontractor’s subcontractor, doesn’t pay its employees, the Commission de la construction du Québec (CCQ) can claim their wages from you.
If the subcontractor holds the required RBQ licence, this liability ends six months after its work ends, unless a complaint, a lawsuit or a CCQ claim is made before then.
If it doesn’t hold the required licence, the six-month limit doesn’t apply. The liability even extends to the client who contracted with it, directly or through an intermediary, for the wages owed by that contractor and by each of its subcontractors.
CNESST contributions
Under section 316 of the Act respecting industrial accidents and occupational diseases, the CNESST can require the principal employer to pay the contribution a contractor didn’t pay, based on the contract’s cost of labour. The attestation of compliance requested at the end of each contract releases you; the validation obtained before the contract doesn’t.
Labour standards
Section 95 of the Act respecting labour standards sets a similar rule for the employees that Act covers: an employer who contracts with a subcontractor is solidarily liable with it for the monetary obligations that Act sets, such as the minimum wage or vacation pay.
Revenu Québec
The Revenu Québec attestation works differently: if you don’t obtain it or verify it on time, the penalties are aimed at you directly. The guide on the attestation gives the deadlines and the amounts.
How to protect yourself
Check the RBQ licence and its subcategories before you sign and while the work goes on: a subcontractor without the required licence removes the six-month limit on wages and exposes you to a fine.
Once the $25,000 threshold is reached, obtain the Revenu Québec attestation by the 7th day and verify that it’s genuine by the 10th day.
Ask the CNESST for the attestation of compliance at the end of each contract.
Hold back part of the last payment until these proofs are in the file, write it into your subcontracts, and keep dated proof of every check.
Official sources
- Act respecting labour relations, vocational training and workforce management in the construction industry (R-20), section 54 (LégisQuébec)
- Act respecting industrial accidents and occupational diseases, section 316 (LégisQuébec)
- Act respecting labour standards, section 95 (LégisQuébec)
This guide sums up the rules in force on the date shown, from the laws and official pages above. It isn’t legal advice: for a specific case, check with the agency concerned or a professional.
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