The Construction Prompt Payment and Adjudication Act received Royal Assent on 16 June 2023 and commences by proclamation under section 46. The official commencement schedule checked for this edition lists it as not yet proclaimed. Its future payment, notice and adjudication obligations must be distinguished from the Construction Remedies Act, which already governs lien and holdback rights.
Existing lien and holdback obligations have their own scope and status. Read the relevant topic before using a figure.
Deadlines and reference points
Read the trigger and conditions with the figure. These are statutory reference points, not calculated dates for your project.
- Owner payment dueNot in force
The prompt-payment framework is not operative. Do not use a working-model number as a current obligation. Existing contract, lien and holdback duties remain separate.
Read the source and commencement status- Pay your subcontractorsNot in force
The prompt-payment framework is not operative. Do not use a working-model number as a current obligation. Existing contract, lien and holdback duties remain separate.
Read the source and commencement status- Pay subs even if unpaidNot in force
The prompt-payment framework is not operative. Do not use a working-model number as a current obligation. Existing contract, lien and holdback duties remain separate.
Read the source and commencement status
What governs payment today
Start with the actual contract, the existing lien legislation, applicable trust obligations and any other governing law. Pending prompt-payment legislation does not suspend a contractual debt, create a new current notice deadline or reset a lien period.
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.
What the enacted framework is intended to change
The enacted framework links proper invoices, owner payment, notices and payments down the construction chain. Commencement, transition and prescribed forms or procedures must be checked before applying it to a live contract. An enacted period is not an operative deadline while the provisions remain uncommenced.
Record distinct events
Keep the invoice date, contractual due date, delivery and receipt, actual upstream payment, and every notice as separate events. Record partial payments and their allocation to each subcontractor. Those facts remain useful even though the future statutory prompt-payment clock is not running.
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.
Lien and holdback clocks still matter
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 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.
Questions about this guide
Is New Brunswick's prompt-payment framework in force?
The Construction Prompt Payment and Adjudication Act received Royal Assent on 16 June 2023 and commences by proclamation under section 46. The official commencement schedule checked for this edition lists it as not yet proclaimed. Its future payment, notice and adjudication obligations must be distinguished from the Construction Remedies Act, which already governs lien and holdback rights.
Can I use another province's statutory deadlines or forms?
No. Commencement, project scope, local regulations and the applicable contract must be checked. A model period or form is not a substitute for an operative local rule.
Do existing lien and holdback obligations still apply?
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. 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.
Can Learn calculate these prompt-payment deadlines?
No active prompt-payment dates are generated for this jurisdiction. These guides distinguish current obligations from future legislation.
Read the shared explanation
Compare the general concepts, then return to the local rules before acting. Each tool states its supported scope.
Open the general guideSources & scope
Edition: 9 October 2026. General education, not advice on a specific contract. Confirm the current law, project scope and transition before relying on a deadline. This edition has not been represented as independently reviewed by a lawyer.
Construction Remedies Act — current lien and holdback lawConstruction Prompt Payment and Adjudication Act — enacted textNew Brunswick — Acts not yet proclaimed and proclamation schedulesSource register & editorial method