Schedule of Fees
Fees For Adjudications
Adjudication Fee
The fee paid by the Parties for the adjudication (the “Adjudication Fee”), shall be set as follows:
a) If the Parties agree on the Adjudicator and:
(i) if the Parties and the Adjudicator unanimously agree on the Adjudication Fee:
the agreed upon fee or that Adjudicator’s hourly rate as set out in the Adjudicator Registry;
(ii) if the Parties and the Adjudicator do not unanimously agree on the Adjudication Fee AND the amount in dispute is $50,000 or more:
that Adjudicator’s hourly rate as set out in the Schedule of Fees;
(iii) if the Parties and the Adjudicator do not unanimously agree on the Adjudication Fee AND the amount in dispute is less than $50,000, and
if Adjudicator has indicated on the Adjudicator Registry that they are willing to adjudicate for a $2,000 and/or $4,000 fixed fee:
A $2,000 where the amount in dispute is less than $25,000; or
B $4,000 where the amount in dispute is between $25,000 and $50,000.
b) If the Parties do not agree on the Adjudicator, as follows based on the amount claimed in the Notice of Adjudication
Schedule of Fees
Amount Claimed on Notice of Adjudication | Adjudication Fee |
| ≤ $25,000 | $2,000 |
| $25,001 ≤ $50,000 | $4,000 |
| $50,001 ≤ $250,000 | Adjudicator hourly rate of $300 |
| $250,001 ≤ $500,000 | Adjudicator hourly rate of $450 |
| $500,001 ≤ $750,000 | Adjudicator hourly rate of $600 |
| > $750,001 | Adjudicator hourly rate of $750 |
Parties and an Adjudicator reaching a unanimous agreement on fees must send an email to ADACC at authority@adacc.ca setting out the agreement within two days of the Adjudicator being appointed to adjudicate the dispute. If ADACC does not receive such an email, the Parties will be deemed not to have reached an agreement on the Adjudication Fee.
Parties will be required to pay the applicable tax on the Adjudication Fee. Disbursements and any expenses will be charged to the Parties at cost.
In accordance with section 13(3) of the Prompt Payment and Adjudication Regulation, the Parties will split payment of the Adjudication Fee equally, unless the Adjudicator directs otherwise.
For consolidated adjudications, the Adjudicator may determine how the Adjudication Fee is to be apportioned between or among the Parties. For consolidated adjudications, the “Amount Claimed in the Notice of Adjudication” (pursuant to the Schedule of Fees) will be the total combined amount claimed.
If the Parties terminate the adjudication in accordance with section 27 of the Prompt Payment and Adjudication Regulation, the Adjudication Fee will be as follows:
a) Where the adjudication was to be conducted for a fixed fee:
(i) If the termination occurs within 15 days from the appointment of the Adjudicator, 50% of the Adjudication Fee otherwise payable; and
(ii) If the termination occurs after 15 days from the appointment of the Adjudicator, 100% of the Adjudication Fee otherwise payable.
b) Where the Adjudicator is charging an hourly rate, that hourly rate multiplied by the number of hours spent by the Adjudicator prior to the termination.
Filing Fee
The fee paid to start the adjudication process (the “Adjudication Filing Fee”) is payable to ADACC by the Claimant. The Adjudication Filing Fee is:
- $0 where the amount claimed in the Notice of Adjudication is less than $50,000; or
- $500 (plus applicable taxes), where the amount claimed in the Notice of Adjudication is $50,000 or more.
If the Adjudicator fails to complete the adjudication, the Adjudication Filing Fee will be refunded to the Party who paid it, except where: (i) the Parties agree to terminate the adjudication in accordance with section 27 of the Prompt Payment and Adjudication Regulation or (ii) the adjudication was consolidated under section 30 of the Prompt Payment and Adjudication Regulation.
For consolidated adjudications, no additional Adjudication Filing Fee is payable once the adjudications are consolidated, other than the initial Adjudication Filing Fees payable at the time each dispute was submitted to adjudication, if ADACC was the Nominating Authority for the adjudications being consolidated.
Certification Fee
Pursuant to section 26(3) of the Prompt Payment and Adjudication Regulation, ADACC will certify an Adjudicator’s Order. The fee charged by ADACC for the certification (the “Certification Fee”) will be as follows:
- $0 where the amount claimed in the Notice of Adjudication is less than $50,000; or
- $100 (plus applicable taxes), where the amount claimed in the Notice of Adjudication is $50,000 or more
Only one Certification Fee is payable for each Order and the Parties to the adjudication will split the cost of the Certification Fee equally, unless the Adjudicator orders otherwise.
Adjudicator Appointment Fee
ADACC WILL NOT CHARGE A FEE WHEN APPOINTING AN ADJUDICATOR
