Resignation
Can an Adjudicator Resign?
Pursuant to section 28 of the Prompt Payment and Adjudication Regulation, an Adjudicator may at any time resign from an adjudication if the Adjudicator determines:
(a) the matter is not eligible for adjudication under s. 19 of the Regulation,
(b) the Adjudicator is not competent or qualified to conduct the adjudication, or
(c) the Adjudicator is otherwise unable to continue the adjudication in compliance with the Act and the Regulation.
An Adjudicator must resign:
(a) if the designation of the issuing Nominating Authority is terminated by the Minister,
(b) if the issuing Nominating Authority ceases to operate under the Act or the Regulation, or
(c) when the adjudication being conducted by the Adjudicator is consolidated and another Adjudicator is appointed to the consolidated adjudication.
An Adjudicator will promptly provide written notice of the resignation by email to the Parties and to ADACC.
Negotiating the Adjudication Fee After Resignation
If an Adjudicator resigns, the Adjudicator will: (a) notify the Parties of the resignation; and (b) negotiate the Adjudication Fee with the Parties.
If the Parties and the Adjudicator do not agree on an Adjudication Fee, the Adjudicator can ask ADACC to set the Adjudication Fee.
Adjudicating Following an Adjudicator’s Resignation
If an Adjudicator fails to complete an adjudication, pursuant to section 29(1) of the Prompt Payment and Adjudication Regulation any Party to the adjudication may give the other Party a new Notice of Adjudication.
FAQ: After an Adjudicator resigns, can a new Adjudicator be appointed to the initial adjudication?
No. If an Adjudicator resigns, the adjudication will be closed. In order to move the adjudication forward, a new Notice of Adjudication must be given.
