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Acts and Regulations
2020, c.29
- Construction Remedies Act
Summary
Regulation
1
Chapter
Title
2021-81
General
Full text
Detailled Table of Contents
Current to 1 January 2024
Construction Remedies Act
DEFINITIONS, INTERPRETATIONAND APPLICATION
1
Definitions
2
Interpretation of “capital repair”
3
Interpretation of “direct costs”
4
Interpretation of “owner”
5
Interpretation of “services or materials”
6
Project agreements between the Crown or a local government and a special purpose entity to finance and undertake an improvement
7
Substantial performance
8
Completion of contract
9
No contracting out of Act
10
This Act binds the Crown
TRUSTS
11
Owner’s trust
12
Permitted uses of owner’s trust fund
13
Offence – breach of owner’s trust
14
Contractor’s and subcontractor’s trust
15
Permitted uses of contractor’s and subcontractor’s trust funds
16
Offences – breach of contractor’s and subcontractor’s trust
17
Liability for breach of trust – directors, officers or other persons in control of a corporation
18
Payments discharging a trust
19
Directions from court
LIENS
20
Lien for wages and supply of services or materials
21
When lien arises
22
Crown lands
23
Highways of local governments
24
No claim for lien below amount prescribed by regulation
25
Limitation on lien and set off
26
No payments or assignments to defeat lien
27
Leaseholds
28
Termination of a lease – effect on lien
29
Insurance proceeds
30
Written notice of lien
31
Effect of written notice of lien
32
Withdrawal or discharge of written notice of lien
33
Removal of materials
HOLDBACKS
34
Holdback
35
Allowable payments
36
Holdback funds not to be applied to remedy default
37
Holdback trust account
38
Interest on holdback trust accounts
39
Methods of retaining holdbacks
40
Payment certifiers – requirements
41
Certificate or declaration of substantial performance of contract
42
Certificate of substantial performance form
43
Notice of certificate of substantial performance
44
Certificate of completion of subcontract
45
Certificate of completion of subcontract form
46
Notice of certificate of completion of subcontract
47
Holdback periods
48
Holdback – payment on certification or declaration of substantial performance or completion
49
Holdback – payment on annual basis
50
Holdback – payment on phased basis
51
Payment of holdback – effect on lien
52
Late payment of holdback – interest
53
Direct payment to lienholder
NOTICE, REGISTRATION, EXTINGUISHMENT AND DISCHARGE OF LIENS
54
Notice to owner – certain improvements
55
Registering or giving claim for lien
56
Claim for lien – contents and verifying affidavit
57
Claim for lien – particular cases
58
Giving claim for lien – lien against a public owner’s holdback
59
Time for registering claim for lien – contractor
60
Time for registering claim for lien – subcontractor
61
Time for registering claim for lien – worker
62
Registration of claim for lien
63
Effect of registration of claim for lien
64
Extinguishment of lien that attaches to land – failure to register claim for lien or commence an action
65
Extinguishment of lien against a public owner’s holdback – failure to give copy of claim for lien or commence an action
66
Extinguishment of liens – failure to set action down for trial
67
Discharge of lien and certificate of pending litigation – discontinuance or dismissal of action
68
Discharge of the registration of lien that attaches to land
69
Discharge of lien against a public owner’s holdback
70
Court order – declaration of extinguished lien and discharge of registration
71
Court order – dismissal of action and discharge of registration for failure to set action down for trial
72
Court order – discharge of registration or of claim for lien on payment into court
73
Court order – discharge of written notice of lien on payment into court
74
Release of lien bond
75
Court orders – invalid, exaggerated, vexatious or frivolous liens or for other proper grounds
76
Liability for exaggerated claims
PRIORITIES
77
Death of lienholder
78
Assignment
79
Enforcement of lien – incomplete, abandoned or terminated contract or subcontract
80
Priority of liens
81
Priority between lienholders
82
Acts not prejudicial to lien
SURETY BONDS
83
Labour and material payment bonds and performance bonds – Crown and local governments
84
Labour and material payment bonds and performance bonds – special purpose entity
85
Notice of labour and material payment bond and performance bond
86
Rights of action – default on labour and material payment bond or performance bond
RIGHT TO INFORMATION
87
Right to information
88
Court order – failure to provide requested information
89
Examination on a claim for lien
JURISDICTION AND PROCEDURE
90
Procedure for enforcing claims for lien
91
Notice required for actions against the Crown
92
Notice of trial
93
Action to benefit other lienholders
94
Statement of claim – lienholder who does not commence action
95
Disposition by the court
96
Judgment in form prescribed
97
Consolidation of actions
98
Apportionment of amounts claimed
99
Stay of proceedings – effect of arbitration
MISCELLANEOUS
100
Costs
101
Giving or serving documents
102
Substantial compliance
103
Regulations
SAVING AND TRANSITIONAL PROVISIONS
104
Continued application of the Mechanics’ Lien Act and regulations under that Act
105
Continued application of provisions of the Crown Construction Contracts Act
106
Continued application of provisions of regulation under the Crown Construction Contracts Act
CONSEQUENTIAL AND CONDITIONAL AMENDMENTS,REPEALS AND COMMENCEMENT
107
Crown Construction Contracts Act
108
Regulation under the Crown Construction Contracts Act
109
Employment Standards Act
110
Land Titles Act
111
Regulation under the Land Titles Act
112
New Brunswick Highway Corporation Act
113
Public Works Act
114
Regulations under the Public Works Act
115
Registry Act
116
Regulation under the Registry Act
117
Regulation under the Standard Forms of Conveyances Act
118
Workers’ Compensation Act
119
Conditional amendment
120
Repeal of the Mechanics’ Lien Act
121
Repeal of New Brunswick Regulation 83-210 under the Mechanics’ Lien Act
122
Commencement
0
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