Notice of Non-Payment in New Brunswick
Under the Construction Prompt Payment and Adjudication Act, SNB 2023, c. 15
A notice of non-payment is the only way a payer can refuse, in whole or in part, to pay a proper invoice in New Brunswick without losing the dispute. It must be delivered within 14 days (NB CPPAA s. 11(1)) and must give the specific reasons for non-payment.
One of the forms carries a mandatory undertaking to refer the dispute to adjudication within 21 days (NB CPPAA s. 12(5)(a)(iii) / s. 13(6)(a)(iii)).
New Brunswick notice of non-payment deadlines
The statutory clocks for this topic in New Brunswick, with section citations.
| Clock | Value | Statute |
|---|---|---|
Notice of non-payment window Window to dispute an invoice. Miss it and the amount is generally payable in full. NB CPPAA Section 11 | 14 days | NB CPPAA Section 11 |
Undertaking to adjudicate When refusing to pass payment down, the payer must undertake to refer the dispute to adjudication within this window. NB CPPAA Section 12 | 21 days | NB CPPAA Section 12 |
The New Brunswick dispute window is 14 days
The notice-of-non-payment window in New Brunswick is shorter than the owner-payment window. A notice delivered after the 14-day window closes (NB CPPAA s. 11(1)) is generally treated as no notice at all, and the invoiced amount becomes payable in full.
The forms and the undertaking to adjudicate
New Brunswick's prescribed notice forms will be finalized when its regulations issue.
When a contractor withholds payment from a subcontractor because the owner has not paid, the notice must include an undertaking to refer the dispute to adjudication within 21 days (NB CPPAA s. 12(5)(a)(iii) / s. 13(6)(a)(iii)).
Reasons must be specific
A valid New Brunswick notice states the amount being withheld and the specific reasons for non-payment. Vague or boilerplate reasons can render the notice ineffective, so the wording matters as much as the timing.
Notice of non-payment in New Brunswick: FAQ
How long do I have to dispute an invoice in New Brunswick?
14 days from receipt of the proper invoice (NB CPPAA s. 11(1)). A late notice of non-payment generally means the full amount becomes payable.
Does a New Brunswick notice of non-payment require an undertaking to adjudicate?
When a contractor passes non-payment down to a subcontractor because the owner has not paid, yes: the notice must undertake to refer the dispute to adjudication within 21 days (NB CPPAA s. 12(5)(a)(iii) / s. 13(6)(a)(iii)).
See the full New Brunswick guide
Every deadline, notice and adjudication rule in one place.