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My Moncton contractor stopped showing up, what are my options?

Question

My Moncton contractor stopped showing up, what are my options?

Answer from Construction Brain

When a contractor goes silent mid-project in Moncton, you have several real options — but acting quickly matters. The steps you take in the next few days can significantly affect how much money you recover and how fast you get your project finished.

First, document everything right now. Photograph the current state of the work, gather all receipts, contracts, text messages, emails, and any records of payments made. This paper trail is the foundation of every option below. If you have a written contract (and you should), review it carefully for any completion deadlines, dispute resolution clauses, or termination provisions.

Try to make contact one more time — in writing. Send a clear email or text stating that you expect them on-site by a specific date and that failure to respond will be considered abandonment of the contract. Keep it professional. Sometimes contractors go quiet due to cash flow or personal issues and will respond to a firm written notice. This also creates a record showing you gave them a fair chance.

If they don't respond or return, your next move depends on how much money is at stake. For disputes up to $20,000, New Brunswick's Small Claims Court is your most practical route — filing fees are just $50 for claims under $3,000 and $100 for claims between $3,000 and $20,000. The process is designed for homeowners to navigate without a lawyer, though legal advice never hurts.

For larger amounts, you're looking at the Court of King's Bench of New Brunswick, which typically means retaining a lawyer. Construction disputes of significant value are worth that investment.

One important protection to know about: New Brunswick's Construction Remedies Act (SNB 2020, c.29) works both ways. While it allows contractors and suppliers to place liens on your property for unpaid work, it also governs payment obligations and timelines. If you've overpaid relative to work completed, document that clearly — it strengthens your position in any legal proceeding.

Before hiring a replacement contractor, check whether any permits were pulled for your project. Contact the City of Moncton Planning & Development at (506) 856-4375 or email info.plans@moncton.ca to find out what permits are open and in whose name. This matters because inspections tied to the original contractor's permit may need to be transferred or reissued. A new contractor will need to understand exactly what's been done — and what's been done correctly — before they take over.

Also verify the original contractor's WorkSafeNB coverage was active during the work. If they had fewer than three workers and weren't registered, you as the homeowner/principal employer could be assessed for workplace injury liability. Check at worksafenb.ca or call 1-800-999-9775.

For finding a replacement, browse the New Brunswick Construction Network directory to connect with licensed Moncton-area contractors who can assess the existing work and take the project to completion.

One honest caution: resist the urge to hire the first available contractor out of frustration. A mid-project takeover requires someone experienced enough to evaluate another contractor's work, identify deficiencies, and price accordingly. A few days of due diligence finding the right replacement will save you headaches down the road.

New Brunswick Construction Network

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