New Brunswick.
Know your starting point.

Proper invoices and delivery

The enacted prompt-payment Act sets out a proper-invoice framework and permits regulations and contract requirements within its restrictions. Before using it operationally, confirm proclamation, transition, prescribed information and delivery rules. Existing contract requirements and proof of delivery remain useful today; a future statutory template is not proof that a current payment clock has begun.

Starting adjudication in time

The enacted Act provides for adjudication, but commencement and implementing procedure must be checked before claiming that this statutory remedy is available. Do not use Ontario's authority, forms or referral deadline as a New Brunswick rule. Current contractual remedies and Construction Remedies Act rights remain separate.

Payment after a determination

This guide does not label a working-model adjudication period as an active New Brunswick legal deadline. A court order or contractual dispute result must be assessed under the rules that actually govern it.

Holdback and release

The Construction Remedies Act generally requires 10% holdback. Its holdback provisions distinguish substantial performance, completion or abandonment and relevant contract or subcontract certificates. The applicable 60-day period does not run from the invoice merely because that invoice records a holdback deduction.

Keep the base holdback, subsequent work, registered liens, written notices and any discharge or security under review. Statutory conditions and whether money is otherwise payable determine release; prompt-payment legislation awaiting proclamation does not defer these existing duties.

The Act also provides mechanisms for particular holdback releases and security. Check the actual contract, publication or certificate evidence and the applicable part of the Act before treating a general period as permission to release an entire project fund.

Lien preservation and enforcement

The Construction Remedies Act generally uses a 60-day preservation period, with different triggers for contractors and other claimants, certification, last supply, completion or abandonment. Choose the correct statutory branch and earliest applicable event; do not calculate from the invoice's due date.

The Act's lien, trust, holdback and payment-bond remedies are distinct. Confirm the land interest, claimant, work and prescribed claim procedure. Provincial Crown work and federal real property require scope checks rather than an assumption that every claim is registered against land.

Section 64 generally extinguishes a preserved land lien 90 days after registration unless the required enforcement action and certificate of pending litigation are completed. Section 65 uses 90 days after giving the claim for a public-owner holdback lien, subject to the Act's special Crown procedure. Section 66 generally requires the action to be set down for trial, or the prescribed extension motion, within one year after commencement. Track those steps during any negotiation.

Counting, evidence and scope

Use the current Construction Remedies Act's actual triggering event and the applicable interpretation and service rules. Learn's tools do not calculate New Brunswick deadlines, and anticipated prompt-payment periods are not displayed as operative clocks.

Keep the signed contract and changes, invoices, the exact work and amounts claimed, proof of giving or receipt, prescribed notices and reasons, payments and allocations, certificates and publication records. Preserve original versions and dates. A chronology supports a claim; it does not by itself establish entitlement or extend a statutory deadline.