What should the rock clause say in a New Brunswick excavation contract?

What a Rock Clause Should Cover

A quote built on soil can change a lot if the machine hits ledge, and a contract without a clear rock clause leaves both sides arguing over who pays the difference. Get this language sorted before the machine arrives.

A solid rock clause should address four things:

• How rock is defined. The clause should say what counts as rock for billing purposes, for example material the excavator's bucket cannot break and move without a hydraulic breaker. Without a definition, a contractor and owner can disagree over whether a large boulder or a layer of hardpan qualifies.
• How the extra cost is priced. Hydraulic breaker time runs $200 to $300 per hour based on published price guides read in September 2026, and large machines can run higher. The clause should state the hourly rate for breaker work, whether that rate is separate from the base machine rate, and how hours are tracked and documented.
• How rock is confirmed and communicated. The clause should say the contractor notifies the owner in writing (or at minimum on site) before switching to breaker work, so the owner is not handed a surprise invoice. You can ask for a written sign-off before the extra work begins.
• Where the rock goes. If broken rock cannot stay on the lot for backfill, trucking and disposal costs apply. The clause should name who arranges haul-away, who pays, and whether a tipping fee is included or billed separately.

A few New Brunswick points shape this. We found no provincial excavation-contractor licence, so you cannot rely on a licensing body to resolve a dispute. The Construction Remedies Act does apply: you must retain a holdback of 10% of the contract price for 60 days after the certificate of substantial performance is signed or the declaration is made. For specifics on how the Act applies to your contract, get legal advice.

If the job is a foundation dig, remember that Regulation 2021-2 under the Building Code Administration Act requires a footing and foundation inspection through your local building department or Regional Service Commission before any backfilling begins. Rock removal does not change that requirement.

Put this question to the contractor in writing: if rock is encountered, what is the per-hour breaker rate, how will you document the hours, and will you notify me before the clock starts?

If you are still gathering quotes, the request form on this site sends your job details to local New Brunswick excavation contractors listed in the New Brunswick Construction Network directory.