Response to Notice of Adjudication
RESPONSE TO NOTICE OF ADJUDICATION
I received a Notice of Adjudication. What is Adjudication?
A Notice of Adjudication is a document that commences an adjudication pursuant to the Prompt Payment and Construction Lien Act, RSA 2000, c P-26.4 (the “Act”). If you have received a Notice of Adjudication, that means that a Claimant has identified you as a Respondent to a dispute that was referred to adjudication. For an explanation of what an adjudication is and the adjudication timelines, please refer to the following link: Adjudication Process.
For a list of Frequently Used Terms for this website and their definitions, please refer to the following link: Frequently Used Terms.
Receiving a Notice of Adjudication
Pursuant to section 20(1) of the Prompt Payment and Adjudication Regulation, the Claimant is required to provide the Notice of Adjudication in writing to the Respondent.
The Claimant must also provide a copy of the Notice of Adjudication to ADACC as the selected Nominating Authority. Upon receipt of the Notice of Adjudication, ADACC will assign a Case Number to the adjudication which will be provided to the Parties via email from authority@adacc.ca.
FAQ: Will ADACC decide whether a dispute may properly be referred to adjudication?
No. ADACC will not administratively decide whether a dispute may properly be referred to adjudication. A Claimant may commence an adjudication and, as part of the adjudication process, request that the Adjudicator determine whether the Adjudicator has jurisdiction to decide the issue. A Respondent may also ask an Adjudicator to decide whether the Adjudicator has jurisdiction to decide the issue. An Adjudicator can make a determination regarding whether they have jurisdiction or not.
FAQ: I entered into a contract before the Act came into force. Can my dispute be adjudicated?
Information on the transitional provision is available at: Transitional Provision.
For further assistance determining what law applies to a construction project, please consult a construction lawyer.
Selecting an Adjudicator
After the Respondent and ADACC receive the Notice of Adjudication, the next step in the adjudication process is to select an Adjudicator. Please see the following link for instructions on how to select an Adjudicator: Selecting an Adjudicator.
Responding to a Notice of Adjudication
In addition to participating in the selection of an Adjudicator, a Respondent is able to respond to the Notice of Adjudication.
Pursuant to section 24 of the Prompt Payment and Adjudication Regulation, a Party responding to the Notice of Adjudication must provide its response to the Adjudicator and every other Party to the dispute within 12 calendar days of receiving the Claimant’s documents, unless the Adjudicator directs that the response be provided earlier. The response should include:
(a) a Response to Notice of Adjudication; and
(b) copies of any documents the Respondent intends to rely on during the adjudication,
Copies of these materials must also be provided to ADACC by electronic means to authority@adacc.ca.
A fillable PDF version of the Response to Notice of Adjudication can be found here: Response to Notice of Adjudication.
FAQ: What is ADACC’s filing deadline?
Documents submitted to ADACC after 4 p.m. mountain time or at any time on a Saturday or a holiday shall be deemed to have been submitted on the next day that is not a Saturday or a holiday.
