Construction Adjudication in New Brunswick
Under the Construction Prompt Payment and Adjudication Act, SNB 2023, c. 15
Adjudication gives New Brunswick construction parties a fast, interim-binding decision on a payment dispute, administered by the nominating authority to be designated when the regulations issue. The determination must be complied with immediately, even if a party later challenges it in court or arbitration.
Because the timetable is short and the determination is enforceable, the strength of the documentary record usually decides the outcome.
New Brunswick adjudication deadlines
The statutory clocks for this topic in New Brunswick, with section citations.
| Clock | Value | Statute |
|---|---|---|
Adjudication referral window A dispute cannot be referred to adjudication once the contract is complete. There is no grace period after completion, so refer before the work finishes or the remedy is gone. NB CPPAA Section 23 | Until the contract is complete | NB CPPAA Section 23 |
Adjudicator determination Days for the adjudicator to issue a binding determination after receiving the claimant's documents. NB CPPAA Section 28 | 30 days | NB CPPAA Section 28 |
Comply with determination Days to pay an amount ordered by an adjudicator. NB CPPAA Section 29 | 10 days | NB CPPAA Section 29 |
How a dispute is referred in New Brunswick
A claimant gives notice of adjudication and an adjudicator is appointed by the authority New Brunswick will designate when its regulations issue.
By when a dispute has to be referred in New Brunswick
New Brunswick gives no post-completion window at all: a dispute cannot be referred to adjudication once the contract is complete (NB CPPAA s. 23). There is no grace period afterwards, so a party that wants an adjudicated decision has to start it while the contract is still running. Settling past completion and referring later is not a late referral, it is no referral.
The adjudicator's timetable
Once the adjudicator has the claimant's materials, the determination is due within 30 days (NB CPPAA s. 28(1); timing by regulation, s. 45(n)(i)). The period can sometimes be extended by consent, but the default is deliberately fast so cash keeps moving on the project.
Comply within 10 days
An amount ordered by an adjudicator must be paid within 10 days (NB CPPAA s. 29(1); time by regulation, s. 45(o)). Failing to pay can entitle the other side to suspend work and pursue enforcement. A party that disagrees can still litigate or arbitrate, but must pay the determined amount in the meantime.
Adjudication in New Brunswick: FAQ
Who administers construction adjudication in New Brunswick?
New Brunswick has not yet designated its nominating authority; it will be named when the regulations are published.
By when must a dispute be referred to adjudication in New Brunswick?
Before the contract is complete (NB CPPAA s. 23). New Brunswick allows no referral once the contract is finished, and there is no grace period.
How long is there to comply with an adjudicator's determination in New Brunswick?
10 days (NB CPPAA s. 29(1); time by regulation, s. 45(o)) after the determination is issued. The determination is interim-binding, so it must be paid even if the underlying dispute later goes to court.
See the full New Brunswick guide
Every deadline, notice and adjudication rule in one place.