Sue a Contractor in Small Claims Court in New Brunswick

When a Contractor Takes the Money and Walks

A contractor who takes a deposit and disappears, abandons the job halfway through, or delivers work that's clearly defective — these are some of the most common disputes in New Brunswick's Small Claims Court. Claims typically range from $2,500 to $20,000, which puts most residential renovation disputes squarely within the court's monetary limit.

Before you file, make sure you're clear on what you're actually claiming and who you're suing.

Get the Contractor's Legal Name Right

This is where many contractor claims go wrong. If the contractor operates as a sole proprietorship — "Dave's Renovations" — you need to sue the individual owner personally: "David Smith carrying on business as Dave's Renovations." The trade name alone isn't a legal entity.

If the contractor is incorporated, you must sue the exact corporate name, including the legal designation (Ltd., Inc., Corp.). Search the Service New Brunswick Corporate Registry to confirm the name and check that the corporation is still active. A $3 online search can save you from filing against the wrong entity and getting an unenforceable judgment.

For partnerships, name both the firm and the individual general partners to ensure personal liability attaches.

Calculate Your Claim

Your damages depend on the situation:

Unperformed work with a deposit taken. If you paid a deposit and the contractor never started, your claim is the deposit amount. If they partially completed the work, your claim is the difference between what you paid and the value of the work actually done.

Defective work. Your claim is typically the cost to fix or redo the work. Get at least two written repair estimates from other qualified contractors. Photographs of the defective work — taken with dates — are essential evidence.

Consequential damages. Out-of-pocket costs directly caused by the contractor's breach — temporary accommodation if a renovation left your home uninhabitable, storage fees for furniture that had to be moved, costs of alternative arrangements. These must be reasonable and directly connected to the breach, not speculative.

Add these up. If the total exceeds $20,000, you can either abandon the excess to stay within the court's limit (the abandoned amount is permanently forfeited) or sue in the Court of King's Bench.

Send a Demand Letter First

While not legally required, a demand letter is standard practice and creates evidence that you tried to resolve the dispute before suing. State the facts, itemize your damages, and give the contractor 10 to 14 business days to pay or respond. Send it by registered mail so you have proof of delivery.

Many contractors settle at this stage. If they don't respond, the letter becomes part of your evidence at the hearing.

File Form 1

Take your completed Form 1 (Claim) to the court office in the judicial district where the contractor lives or where the work was supposed to be done. Pay the filing fee ($50 for claims up to $3,000, $150 for $3,000.01 to $20,000).

In Form 1, include:

• The contractor's exact legal name and address
• A chronological summary of the events: when you hired them, what was agreed, what happened, how much you paid
• The specific amount you're claiming and how you calculated it
• Whether you're claiming pre-judgment interest

Attach copies of the contract or written estimate, proof of payment (bank statements, e-transfer receipts), photographs, and your demand letter.

Build Your Evidence File

For the hearing, organize:

• The written contract or estimate (if you had one)
• Proof of all payments made
• Photographs showing the defective or incomplete work, with dates
• Repair estimates from replacement contractors
• Text messages or emails between you and the contractor
• Your demand letter and proof it was delivered
• Any response from the contractor

If you hired another contractor to finish or fix the work, bring their invoice and testimony. Before-and-after photos are especially persuasive.

What to Expect at the Hearing

Contractor claims often come down to the contract terms and the quality of the work. The Adjudicator will want to see what was promised, what was delivered, and what it costs to fix the gap. Present your evidence in chronological order, refer to your documents by tab number, and let the photos tell the story.

If the contractor doesn't show up and didn't file a Response, you'll likely get a default judgment — but if damages are unliquidated (not a fixed pre-determined amount), you'll still need to present your evidence at an assessment hearing.

Our Making a Small Claim in New Brunswick guide covers the entire process from demand letter to enforcement, including worksheets for calculating contractor damages and organizing your evidence binder.

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