Commencement of Adjudication
Notice of Adjudication
To start an adjudication with ADACC, a Claimant must complete an ADACC Notice of Adjudication form naming ADACC as the Nominating Authority. Please refer to the following link for a sample of a Notice of Adjudication: Notice of Adjudication Form.
The Notice of Adjudication must be provided to the Respondent and to ADACC.
Adjudicator Selection
After the Notice of Adjudication is provided to the Respondent and to ADACC, the next step in the adjudication process is the appointment of an Adjudicator by ADACC. The Parties may agree to an ADACC Adjudicator to be appointed to adjudicate the dispute by jointly submitting an Adjudicator Selection Form to ADACC via email at authority@adacc.ca within four calendar days of receipt of the Notice of Adjudication by the Respondent and ADACC. ADACC will then appoint that Adjudicator, subject to the Adjudicator’s consent, within seven calendar days of receipt of the Adjudicator Selection Form.
If the Parties cannot agree on an Adjudicator, or an Adjudicator Selection Form is not received within the four-day period, ADACC must appoint an Adjudicator from the ADACC Adjudicator Registry within seven calendar days of the expiration of the four-day period. ADACC will obtain the consent of the Adjudicator prior to appointing.
The Claimant’s Documents
The Claimant’s supporting documents are due within five days after the day on which the Adjudicator is appointed to adjudicate. Pursuant to section 23 of the Prompt Payment and Adjudication Regulation, the Claimant must send the following documents to the Adjudicator:
(a) a copy of the Notice of Adjudication;
(b) a copy of the contract or subcontract, as the case may be, ; and
(c) copies of any documents the Claimant intends to rely on during the adjudication (these documents must also be provided to all Parties to the dispute)
Copies of these materials must also be provided to ADACC by electronic means to authority@adacc.ca.
The provision of these materials commences the 30-day timeline within which the Adjudicator must determine the dispute (unless extended).
Response to Notice of Adjudication
In addition to participating in the selection of an Adjudicator, a Respondent is able to respond to the Notice of Adjudication.
Pursuant to section 24 of the Regulation, a Party responding to the Notice of Adjudication must provide its response to the Adjudicator and every other Party to the dispute within 12 calendar days of receiving the Claimant’s documents, unless the Adjudicator directs that the response be provided earlier. The response should include:
(a) a Response to Notice of Adjudication (which must also be sent to ADACC at authority@adacc.ca); and
(b) copies of any documents the Respondent intends to rely on during the adjudication,
Copies of these materials must also be provided to ADACC by electronic means to authority@adacc.ca.
A sample of the Response to Notice of Adjudication can be found here: Response to Notice of Adjudication.
FAQ: What happens if a Respondent does not submit a Response to Notice of Adjudication?
If a Respondent does not submit a Response to Notice of Adjudication, the adjudication may proceed without the Respondent’s participation.
