Frequently Used Terms
“Act” means the Prompt Payment and Construction Lien Act, RSA 2000, c P-26.4, as amended.
“ADACC” means Alberta Dispute Adjudication for Construction Contracts and is a Nominating Authority for the purposes of the Act.
“ADACC Determination Guidelines” are the directions issued by ADACC for the writing of Notices of Determinations for adjudications with the purpose of establishing clarity and consistency.
“Adjudicator” means an individual designated as an Adjudicator by the Nominating Authority.
“Adjudicator Registry” means the publicly accessible list of Adjudicators maintained by ADACC.
“Calendar Day” means a day other than a Saturday or a holiday as defined in the Interpretation Act, RSA 2000, c I-8.
“Certificate” means the certificate of qualification to adjudicate issued to an individual by ADACC after the individual has met the eligibility and training requirements as set out by ADACC, the Act, and the Regulation, has completed the Adjudicator evaluation, and been approved by ADACC to be granted a Certificate.
“Claimant” means a Party to a contract or subcontract who refers a dispute to adjudication by giving a Notice of Adjudication to another Party.
“Code” means the ADACC Adjudicators’ Code of Conduct.
“Confidential Information” means any information acquired by the Adjudicator in the course of or for the purposes of the adjudication process, whether or not it is identified as confidential, and whether recorded or not, and however fixed, stored, expressed or embodied, including, but not limited to, the names and contact information of the Parties, the facts of the dispute, and information relating to the dispute. Confidential information does not include information that is otherwise publicly available.
“Conflict of Interest” means a situation where an Adjudicator has a real or perceived interest, pecuniary or non-pecuniary, direct or indirect, sufficient to appear to influence the objective exercise of the Adjudicator’s duties. Conflicts of Interest include prior or current connections to the Parties, perceived or actual, and prior or current involvement in the matter. A real or perceived interest of an Adjudicator’s spouse, child, parent, or other close relative or person who is closely connected with the Adjudicator is considered the equivalent of an Adjudicator’s interest for the purpose of this definition.
“Consolidated Adjudication” means an adjudication in which related disputes are adjudicated together by a single Adjudicator.
“Contractor” means a person contracting with or employed directly by an owner or the owner’s agent to do work on or to furnish materials for an improvement, but does not include a labourer.
“Fees” are defined and set out in the Schedule of Fees.
“Harassment” includes, but is not limited to, engaging in a course of vexatious or unwanted comment or conduct that is known or ought reasonably to be known to be unwanted.
“Improvement” means anything constructed, erected, built, placed, dug or drilled, or intended to be constructed, erected, built, placed, dug or drilled, on or in land except a thing that is neither affixed to the land nor intended to be or become part of the land.
“Labourer” means a person employed for wages in any kind of labour whether employed under a contract of service or not..
“Losses” mean liabilities, costs, damages and expenses (including legal, expert and consulting fees).
“Nominating Authority” means the entity, designated under the Act, responsible for the designation of adjudicators, operating as the Alberta Dispute Adjudication for Construction Contracts (“ADACC”).
“Notice of Adjudication” means a written notice provided by a Claimant to a Respondent informing them that a dispute is to be determined by an Adjudicator.
“Notice of Determination” is the Adjudicator’s written award with reasons.
“Owner” means a person having an estate or interest in land at whose request, express or implied, and
(a) on whose credit,
(b) on whose behalf,
(c) with whose privity and consent, or
(d) for whose direct benefit,
work is done on or material is furnished for an improvement to the land and includes all persons claiming under the owner whose rights are acquired after the commencement of the work or the furnishing of the material.
“Page” means a sheet of letter-sized paper using 12-point font, double-spaced, with normal margins, containing either written text or up to four photographs, or a combination of written text and photographs.
“Party” means the Claimant or the Respondent in an adjudication proceeding.
“Parties” means the Claimant and the Respondent(s) in an adjudication proceeding.
“Pre-designed Adjudication Processes” are the two pre-designed adjudication processes, each with a set of predefined adjudication rules to be followed during the adjudication process if so ordered by the Adjudicator.
“Proper Invoice” as defined under subsection 32.1(1) of the Act means a written bill or other request for payment for the work done or materials furnished in respect of an improvement under a contract if the written bill or request for payment contains the following information and, subject to subsection (4), meets any other requirements as may be specified in the contract:
(a) the contractor’s name and business address;
(b) the date of the proper invoice and the period during which the work was done or the materials furnished;
(c) information identifying the authority, whether in a written or verbal contract or otherwise, under which the work was done or materials furnished;
(d) a description of the work done or materials furnished;
(e) the amount requested for payment and the corresponding payment terms broken down for the work done or materials furnished;
(f) the name, title and contact information of the person to whom the payment is to be sent;
(g) a statement indicating that the invoice provided is intended to constitute a proper invoice;
(h) any other information that may be prescribed.
“Regulation” means the Prompt Payment and Adjudication Regulation, Alta Reg 23/2022.
“Representative” means legal counsel for, or an authorized representative of, a Party.
“Respondent” means a Party to a contract or subcontract who receives a Notice of Adjudication from a Claimant.
“Social Media” means publicly available, third-party hosted, interactive web technologies used to produce, post and interact through text, images, video, and audio to inform, share, promote, collaborate, or network.
“Subcontractor” means
a person other than
(i) a labourer,
(ii) a person engaged only in furnishing materials, or
(iii) a person engaged only in the performance of services.
“Work” includes the performance of services on the improvement.
Where appropriate, words importing the singular include the plural.
