My contractor disappeared after taking the deposit for a siding job in Riverview — what legal options do i have in NB?

Unfortunately, contractor abandonment after taking deposits is a serious issue in New Brunswick, and you do have several legal avenues to pursue recovery and hold the contractor accountable.

The first step is determining whether this contractor is properly licensed and insured. Check if they're registered with WorkSafeNB (mandatory for contractors with 3+ workers) by calling 1-800-999-9775 or checking online at worksafenb.ca. If they're not registered and should be, this creates additional liability issues. Also verify if they have a business license through the Town of Riverview.

Your primary legal remedy falls under New Brunswick's Construction Remedies Act (SNB 2020, c.29), which replaced the old Mechanics' Lien Act in November 2021. This Act provides stronger protections for homeowners against contractor defaults. You can file a claim against the contractor for breach of contract, seeking return of your deposit plus any additional costs to complete the work with another contractor.

For deposits under $20,000, Small Claims Court is your most practical option. Filing fees are reasonable ($50 for claims up to $3,000, $100 for claims $3,000-$20,000), and you don't need a lawyer. The court can order the contractor to return your deposit and may award additional damages. Small Claims Court in Moncton handles Riverview cases.

If your deposit exceeds $20,000 or you're seeking substantial additional damages, you'll need to file in the Court of King's Bench of New Brunswick. This involves higher costs and typically requires legal representation, but allows for larger damage awards.

Document everything immediately: save all contracts, receipts, text messages, emails, and photos of any work started. Take pictures of your property showing the current state. Get written estimates from other contractors for completing the work — this establishes your additional damages beyond the lost deposit.

Contact the Financial and Consumer Services Commission (FCNB) to report the contractor. While they can't recover your money directly, they can investigate and potentially take action that helps other homeowners avoid the same situation.

Check if the contractor has bonding or insurance that might cover your loss. Some contractors carry performance bonds specifically for this type of situation, though it's not mandatory in New Brunswick.

Consider hiring a lawyer for a demand letter before filing court papers — sometimes the threat of legal action motivates contractors to respond when phone calls don't. Many lawyers will write a demand letter for $200-$500, which is often worth trying before court costs.

File your claim promptly — while you have up to two years for breach of contract claims, acting quickly improves your chances of recovery and prevents the contractor from dissipating assets. The sooner you act, the better your position.