Certification Process
Adjudicator Application Process
Do you have 10 years or more experience in the construction industry and an interest in dispute resolution? Consider applying to become a certified ADACC Adjudicator. Anyone who wants to adjudicate construction disputes through ADACC as Nominating Authority pursuant to the Prompt Payment and Construction Lien Act (the “Act”) must be an ADACC-certified Adjudicator.
No, all disputes referred to adjudication naming ADACC as the Nominating Authority under the Act must be heard by a certified ADACC Adjudicator.
No, all adjudications under the Act in which ADACC is named as the Nominating Authority must proceed through ADACC. Pursuant to the Code of Conduct, ADACC Adjudicators must share the full fee for all construction adjudications conducted pursuant to the Act with ADACC, whether the Adjudicator is appointed by ADACC or agreed to by the Parties.
Eligibility Criteria
To be eligible to receive an ADACC Certificate to adjudicate, a potential adjudicator must meet the criteria as set out in section 7(2) of the Prompt Payment and Adjudication Regulation. These criteria include:
(a) they must have at least 10 years of relevant work experience in the construction sector in the opinion of ADACC;
(b) they must be evaluated and considered by ADACC to have sufficient knowledge and experience in the following areas:
(i) dispute resolution;
(ii) contract law;
(iii) legislative interpretation;
(iv) determination writing;
(v) ethics;
(vi) jurisdiction;
(vii) adjudication process;
(c) they must not be an undischarged bankrupt;
(d) they must not have been convicted of an indictable offence in Canada or of a comparable offence outside Canada;
(e) they must pay to ADACC the required fees, costs or charges for training and qualification as an adjudicator;
(f) they must agree in writing to abide by the code of conduct.
Examples of relevant working experience in the construction industry may include experience working in the industry as an accountant, architect, engineer, quantity surveyor, project manager, general contractor, arbitrator, or lawyer. Applicants will be required to present a letter of reference from someone who can attest to the applicant’s construction experience.
ADACC is required to develop and provide initial training and continuing education for all Adjudicators and ensure that all Adjudicators meet all eligibility and criteria set out in section 7(2) of the Prompt Payment and Adjudication Regulation.
ADACC has developed a training program in partnership with the Stitt Feld Handy Group. There is an online and live component (offered virtually) to the training program (the “Program”). Adjudicator applicants applying for certification as ADACC Adjudicators must complete both the online and in-person training components before applying for certification. For more information and to register for the Program, please email authority@adacc.ca.
ADACC is also responsible for issuing, renewing, suspending, or cancelling certifications for ADACC Adjudicators. ADACC will only appoint ADAAC certified Adjudicators to adjudicate disputes in which ADACC is named as the Nominating Authority.
For information on certification process fees visit the following link: Fees Payable by Adjudicator.
Adjudicator Training Program
ADACC is responsible for training ADACC certified Adjudicators and has developed a training program in partnership with the Stitt Feld Handy Group. The training program is called the ADACC Training Course : Alberta Dispute Adjudication for Construction Contracts (the “Program”). There is an online and live interactive component (offered virtually) to the Program. The online component can take between two to six hours to complete. The in-person component takes place over two full days. Those who wish to apply for certification with ADACC must complete both the online and live interactive training components before applying for certification. All training in adjudication is helpful but no alternative training or experience can alleviate the requirement to complete the Program. For more information and to register for the Program, please email authority@adacc.ca.
Submitting Applications for Certification
After completing the Program, adjudicator applicants may apply to ADACC for certification. ADACC will not accept any applications from adjudicator applicants before they have completed the Program (both the online and live interactive components). In order to apply, an adjudicator applicant should email ADACC at authority@adacc.ca stating the date that the adjudicator applicant completed the in-person training Program and that they would like to receive an application package. The adjudicator applicant will receive two documents: an application package and evaluation questions. Details on both documents are set out below. The completed documents should be submitted to authority@adacc.ca.
The Application Package will ask adjudicator applicants for the following information:
- Contact details.
- The hourly rate at which the adjudicator applicant would like to conduct adjudications. Each Adjudicator sets their hourly rate at one of the following: $150/hour, $300/hour, $450/hour, $600/hour, or $750/hour. Once certified, Adjudicators will be able to modify their hourly rates.
- The fixed fee rates for which the adjudicator applicant is willing to conduct adjudications. The adjudicator applicant can select all, none, or one of the fixed fee rates ($2,000 or $4,000). For more information on fixed fees please see: Schedule of Fees.
- The languages in which the adjudicator applicant is able to adjudicate.
- The number of years of relevant working experience in the construction industry.
- The adjudicator applicant’s construction experience.
- The adjudicator applicant’s knowledge and experience in respect of the items listed in s. 7(2)(b) of the Prompt Payment and Adjudication
- The adjudicator applicant’s experience as a neutral in adjudications or arbitrations.
- The adjudicator applicant’s experience as a party in adjudications or arbitrations.
- The geographical areas that the adjudicator applicant is willing to adjudicate in without charging for travel time or disbursements.
- Payment of $250 plus applicable taxes for the Qualification Examination Fee.
- The Adjudicator Declarations, which include but are not limited to, assertions that the adjudicator applicant:
- is eligible to be a certified Adjudicator as set out in s. 7(2) of the Prompt Payment and Adjudication Regulation;
- agrees to comply with the Code of Conduct, a copy of which can be found here: Code of Conduct; and
- will obtain the requisite insurance. All certified adjudicators must have Errors and Omissions insurance for their work as an adjudicator of at least $5 million per occurrence and in the aggregate.
- A resume that provides details about the adjudicator applicant’s 10 years (minimum) of relevant working experience in the construction industry. The resume should be in paragraph form and should not be longer than two pages.
- A letter of reference from someone who can attest to the adjudicator applicant’s construction experience.
Answering evaluation questions is mandatory for all applicants who wish to be certified as ADACC Adjudicators. Adjudicator applicants will be asked to, among other things, answer test questions, and draft sample determinations. ADACC will assess the responses to determine, among other things, whether the adjudicator applicant is able to write clear, concise Determinations based on the evidence presented to them.
Results of Application for Certification
ADACC will review all applications and determine which adjudicator applicants receive a Certificate. ADACC’s decision will be based on the applicant’s qualifications, the demand for adjudication services, and the answers to the Evaluation Questions.
Some applicants will be approved to be added to the Registry if and when the demand for adjudication requires ADACC to increase the size of the Adjudicator Registry. These applicants will be placed on a waiting list. If and when an applicant is moved from the waiting list to the Adjudicator Registry, the applicant will be notified. ADACC will not be able to estimate when an applicant on the waiting list will be placed on the Adjudicator Registry. If the need for Adjudicators increases, ADACC will decide which adjudicator applicants to add to the Adjudicator Registry based on ADACC’s responsibility to maintain a suitable Registry (as opposed to the order in which the applications were received or approved).
Adjudicator Appointment and Certification
Certified ADACC Adjudicators will be notified via email once they are added to the Registry. Once certified, Adjudicators will have to:
- Provide information required to create an online profile on ADACC’s website. Their profile will be displayed in the public Adjudicator Registry and be accessible to Parties and their Representatives who search for Adjudicators;
- Send ADACC confirmation of their Errors and Omissions insurance; and
- Participate in yearly continuing training programs. Further details will be made available here: Continuing Training Programs.
Further details about the above steps will be communicated to Adjudicators via email.
Change of Information
Adjudicators must notify ADACC via email at authority@adacc.ca of any change in information related to their hourly rate, fixed fee rates, geographical areas or any other changes.
FAQs
No. The Program is mandatory for all applicants who wish to be certified as ADACC Adjudicators. No alternative training or experience can alleviate the requirement to complete the Program.
Adjudicator applicants may submit applications at any time after completing the Program.
No, there is no cap on the number of Adjudicators on the ADACC Adjudicator Registry.
No, there is no cap on the number of Adjudicators on the ADACC Adjudicator Registry.
Not everyone who applies will get on the ADACC Adjudicator Registry. Adjudicator applicants must answer test questions and draft sample Determinations (among other things). ADACC assesses the responses to determine, among other things, whether adjudicator applicants are able to write clear, concise Determinations based on the evidence presented to them and to what degree they meet the other requirements for eligibility.
The disputing Parties can appoint the ADACC Adjudicator of their choice (presumably based on the Adjudicator’s background and billing rates) if they can agree on an Adjudicator. If the Parties cannot agree on an Adjudicator, an ADACC Adjudicator will be appointed by ADACC. For information on the Adjudicator selection process please see: Selecting an Adjudicator.
Yes. The disputing Parties can select the ACACC Adjudicator of their choice (presumably based on their background and billing rates). If the Parties cannot agree on an Adjudicator, an ADACC Adjudicator will be appointed by ADACC. For information on the Adjudicator selection process please see: Selecting an Adjudicator. It is possible a certified Adjudicator will never be appointed to adjudicate.
ADACC does not know how many adjudications will occur pursuant to the Act each year.
No. ADACC Adjudicators will not be employed by ADACC. Adjudicators will be independent contractors.
Yes. ADACC expects that most (if not all) of the Adjudicators will have other work.
ADACC will attempt to collect retainers from the Parties and will pay the adjudicators on the 15th of the month after the conclusion of the adjudication or after the fees are received, whichever is later.
Yes. ADACC Adjudicators will be able to modify their hourly rates and change their decisions about which fixed fee rates to accept for adjudications.
Certified ADACC Adjudicators must obtain Errors and Omissions insurance for their work as adjudicators of at least $5 million per occurrence and in the aggregate. This level of coverage is the market norm for individuals conducting arbitrations.
Yes. ADACC Adjudicators who also plan on being involved in ADACC cases in a capacity other than as an Adjudicator (i.e. as a representative, lawyer, expert, or advisor) will be listed on the ADACC Adjudicator Registry and may be appointed by the Parties, but ADACC will not appoint them to cases where the Parties do not agree on an Adjudicator. The reason is that Parties should not be placed in a position where someone on the other side of an adjudication in one case could be appointed as their Adjudicator in a future case (even if there is no conflict of interest).
