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ARTICLE · 22 NOVEMBER 2021

Change Afoot: New Brunswick's Construction Remedies Act

New Brunswick's Bill 12: Construction Remedies Act received Royal Assent on December 18, 2020, and the majority of its provisions came into force on November 1, 2021.

CanadaReal Estate and Construction

New Brunswick's Bill 12: Construction Remedies Act received Royal Assent on December 18, 2020, and the majority of its provisions came into force on November 1, 2021. The new Act replaces the Mechanics' Lien Act, SNB 1973, c.M-6.

While the new Construction Remedies Act retains a number of the key elements of the Mechanics' Lien Act it replaced, it also contains critical modifications and additions which, taken together, represent the most significant effort to modernize New Brunswick's construction lien legislation in over forty-five (45) years.

This article is intended as an overview of some of the significant new features of the new Act.

Transitional Provisions

The Mechanics' Lien Act will continue to apply to contracts entered into prior to November 1, 2021, while the new Act will apply to all contracts entered into on or after that date.

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