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My contractor walked off the job halfway through. What are my options in New Brunswick?

Question

My contractor walked off the job halfway through. What are my options in New Brunswick?

Answer from Construction Brain

You have several legal remedies available under New Brunswick law, but time is critical — the sooner you act, the more options you'll have to protect yourself and complete your project.

Document everything immediately. Take photos of the incomplete work, gather all contracts, invoices, change orders, and communication records. Write down exactly what work was completed versus what was contracted. This documentation will be essential for any legal action or insurance claims.

Under the Construction Remedies Act (SNB 2020, c.29), which replaced the old Mechanics' Lien Act in November 2021, you have the right to withhold payment for incomplete work. If you've already paid in full, you may be able to recover overpayments. The Act also protects you from liens filed by the contractor's unpaid suppliers or subcontractors if you can prove the contractor was paid for their materials and labour.

Check the contractor's WorkSafeNB coverage immediately at worksafenb.ca or call 1-800-999-9775. If they're not properly covered and had workers on your project, you could face liability for workplace injuries. This is mandatory coverage for any contractor with 3 or more workers in New Brunswick.

For disputes under $20,000, file with Small Claims Court (filing fee: $50 for claims up to $3,000, $100 for claims $3,000-$20,000). For larger amounts, you'll need to go through the Court of King's Bench of New Brunswick. You can seek damages for the cost to complete the work, delays, and any additional expenses caused by the contractor's breach.

Get completion estimates from other contractors quickly. You'll need these numbers to quantify your damages and determine if legal action is worthwhile. Many contractors are busy, but explaining your situation often gets you faster quotes. Winter weather limits exterior work options, so factor seasonal delays into your timeline.

Contact your home insurance provider — some policies cover contractor default or incomplete work, though coverage varies significantly. If the abandoned work has left your home exposed to weather damage, address those issues immediately to prevent further losses.

If the contractor was licensed for electrical, plumbing, or gas work, file a complaint with NB Technical Inspection Services at 1-888-659-3222. While TIS primarily handles safety violations, they maintain records that could support your case.

Your next step: Secure the worksite, get three quotes for completion, and consult with a lawyer who handles construction disputes. Many offer free consultations and can advise whether your case is worth pursuing based on the contract terms and damages involved.

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