Prompt-Payment Deadlines in New Brunswick
Under the Construction Prompt Payment and Adjudication Act, SNB 2023, c. 15
In New Brunswick, the prompt-payment clock runs under the Construction Prompt Payment and Adjudication Act (SNB 2023, c. 15), enacted but not yet in force. Once a proper invoice is received, an owner must either pay it within 28 days (NB CPPAA s. 10) or deliver a notice of non-payment within 14 days (NB CPPAA s. 11(1)).
Payment then has to cascade down the pyramid: 7 days to pass payment to your subcontractors once you are paid (NB CPPAA s. 12(1) / s. 13(1)), and a backstop of 35 days at the first tier and 42 days further down the chain to pay them even if the owner has not paid you (NB CPPAA s. 12(4)).
New Brunswick payment deadlines deadlines
The statutory clocks for this topic in New Brunswick, with section citations.
| Clock | Value | Statute |
|---|---|---|
Owner payment due Days from a proper invoice until the owner must pay or deliver a notice of non-payment. NB CPPAA Section 10 | 28 days | NB CPPAA Section 10 |
Pay your subcontractors After being paid, days to pass payment down to subcontractors. NB CPPAA Section 12 | 7 days | NB CPPAA Section 12 |
Pay subs even if unpaid If the owner has not paid, subs must still be paid by this day when you are the contractor billing the owner, or 42 days when you are a subcontractor paying your own subcontractor, or the matter referred to adjudication. NB CPPAA Section 12 | 35 days | NB CPPAA Section 12 |
The New Brunswick payment clock
New Brunswick gives the owner 28 days from a proper invoice to pay. The only way to hold back payment is to deliver a notice of non-payment inside the shorter 14-day dispute window. Miss that window and the invoiced amount generally becomes payable in full, with interest.
Because every one of these clocks is measured from the date the proper invoice is received, New Brunswick contractors should record and preserve that date.
Paying your subcontractors in NB
If the owner has not paid, you must still pay your subcontractors out of your own funds, or deliver your own notice of non-payment together with an undertaking to refer the dispute to adjudication. The deadline depends on where you sit in the pyramid: 35 days if you are the contractor billing the owner, 42 days if you are a subcontractor paying your own subcontractor (NB CPPAA s. 12(4)).
Both counts run from the same fixed event, the date the proper invoice was given to the owner, not from the date you were invoiced. A 42-day deadline at the second tier is therefore already 7 days into the chain by the time it reaches you.
What "enacted but not yet in force" means for you
New Brunswick's framework is enacted but not yet proclaimed, so these day-counts are working assumptions.
Payment deadlines in New Brunswick: FAQ
How long does an owner have to pay in New Brunswick?
28 days from receipt of a proper invoice (NB CPPAA s. 10), unless the owner delivers a notice of non-payment within the 14-day dispute window.
Do I still have to pay my subcontractors in New Brunswick if the owner has not paid me?
Yes. New Brunswick requires payment to cascade down on a backstop of 35 days at the first tier and 42 days further down the chain (NB CPPAA s. 12(4)), unless you deliver a notice of non-payment down the chain and undertake to refer the dispute to adjudication.
See the full New Brunswick guide
Every deadline, notice and adjudication rule in one place.