Fees, Retainers and Payments
The Adjudication Fee
The Adjudication Fee will be set according to the Schedule of Fees. If the Parties and the Adjudicator unanimously agree to a different fee from the Schedule of Fees, they must notify ADACC in writing at authority@adacc.ca of their unanimous agreement to a different fee within two days of the Adjudicator being appointed to adjudicate.
FAQ: Who is responsible for paying the cost of adjudications?
The Parties to an adjudication are responsible for an equal portion of the Adjudicator’s fees and expenses unless the Adjudicator orders otherwise (section 13(3) of the Prompt Payment and Adjudication Regulation). Each Party to the adjudication will be responsible for their own costs, unless the Adjudicator orders otherwise.
Retainer
ADACC will collect a deposit (the “Retainer”) at the beginning of an adjudication to cover expected adjudication costs. The Retainer must be paid within seven days after ADACC sends the retainer invoice to the Parties.
FAQ: How are Retainers calculated?
The Retainer is calculated to cover the following fees and taxes:
- If a fixed fee is being charged, the amount of the Retainer will be the fixed fee;
- If an hourly rate is being charged, the amount of the Retainer for the Adjudication Fee will be the Adjudicator’s hourly rate multiplied by 60 hours;
- Each Party will pay half of the Retainer.
- A Filing Fee (please refer to the Schedule of Fees for further information). The Filing Fee is payable by the Claimant;
- A Certification Fee (please refer to the Schedule of Fees for further information). Each Party will pay half of the Certification Fee; and
- Estimated taxes.
FAQ: What happens if a Party does not pay its share of the Retainer?
If the Retainer is not paid, the Adjudicator may resign and not release a Determination. If the Respondent does not pay its share of the Retainer, the Claimant may advance the Respondent’s share of the Retainer in order to allow the adjudication to proceed. The Adjudicator will apportion the costs of the adjudication in the Determination and, if fees are owing by the Respondent, the Adjudicator will order that the fees advanced by the Claimant be reimbursed by the Respondent.
Additional Retainers
In some cases, where the Adjudicator is of the view that the standard amount usually requested for a Retainer will not cover the expected costs of the adjudication, the Adjudicator may request an additional amount for the Retainer.
For example, as the Retainer is calculated based on the Adjudicator’s hourly rate multiplied by 60 hours, if the Adjudicator believes that they will spend over 60 hours on the adjudication, then the Adjudicator may wish to request (and collect) an additional amount for the Retainer. As another example, where the Adjudicator had set a Pre-Designed Adjudication Process for the adjudication, and where the Adjudicator and the Parties later determined that the process requires more work than was contemplated, the Parties and Adjudicator may agree to a higher fee, requiring a higher amount for the Retainer.
Final Cost of Adjudication
The Final Cost of Adjudication (calculated at the time the Determination is rendered) will include:
- The Adjudication Fee;
- If an hourly rate was negotiated, the Adjudication Fee will be based on the total number of hours worked by the Adjudicator, multiplied by the hourly rate of the Adjudicator;
- A Filing Fee (please refer to the Schedule of Fees for further information). The Filing Fee is payable by the Claimant;
- A Certification Fee (please refer to the Schedule of Fees for further information). Each Party will pay half of the Certification Fee; and
- Disbursements and taxes.
The Final Cost of Adjudication will be apportioned among the Parties by the Adjudicator.
Insufficient Retainers
If the amount of the Retainer paid by a Party is not sufficient to cover the amount allocated to them in the Final Cost of Adjudication, then the Party will be invoiced for the additional amount required. The amount of the invoice must be paid within seven days after it is issued.
Payments by Cheque or Electronic Fund Transfer (“EFT”)
Payments of retainers and invoices may be made by credit card, cheque, or Electronic Fund Transfer (“EFT”). If you wish to pay by credit card, please call 416-307-0022 to provide your credit card information.
Payment by cheque or EFT may be made as follows:
Payment by Cheque:
Mail to:
ADACC
Finance Department
2001 Sheppard Avenue East Suite 200
North York, Ontario
M2J 4Z8
Please include the invoice number and adjudication file number on the cheque.
Payment by EFT:
Payable to: ADACC
Account Number: 0620 5296794
Transit Number: 19922
Institution Number: 004
Please include the invoice number and adjudication file number as a reference.
