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Can the Parties Terminate an Adjudication?
At any time before the Adjudicator makes a Determination, the Parties may agree to terminate the adjudication, subject to the payment of the Adjudication Fee. Section 13.14 of the Construction Act states:
13.14 At any time after the notice of adjudication is given and before the adjudicator makes his or her determination, the parties to the adjudication may agree to terminate the adjudication, on notice to the adjudicator and subject to the payment of the adjudicator’s fee.
Notice of Termination and Fee Negotiation
If all Parties agree to terminate an adjudication, the Adjudicator will be sent an email informing the Adjudicator that the Parties have agreed to terminate the adjudication. The Adjudicator will need to negotiate the Adjudication Fee with the Parties and enter the fee on the Termination page of ODACC’s Custom System (as explained below at “Entering the Adjudication Fee”).
If the Adjudicator and the Parties are unable to negotiate an Adjudication Fee, the Adjudicator can ask ODACC to set the Adjudication Fee (as explained below at “Entering the Adjudication Fee”). ODACC will set the Adjudication Fee in accordance with the Schedule of Fees.
Entering the Adjudication Fee
After an Adjudicator logs in to ODACC’s Custom System, the Adjudicator will have a notification that states: “The Parties consent to terminate the adjudication. Please click here to enter the Adjudication Fee.” After clicking on the link, the Adjudicator will be directed to the Termination page, a screenshot of which is reproduced below (at Figure 13).
To enter the Adjudication Fee, an Adjudicator must complete the information required on the Termination page on ODACC’s Custom System. As shown at Figure 13, the Termination page contains two charts that display the Adjudication Fee, disbursements, Referral Fee and Certification Fee that (a) were approved and/or paid to date, and (b) are owing at termination. To enter the Adjudication Fee, an Adjudicator should:
- Enter the Adjudication Fee on the first row of the chart on the left, as shown at Figure 13 and click on “Save and Calculate”;
- Apportion the Adjudication Fee amongst the Parties;
- Enter any comments; and
- Click on “Submit to Parties” or “Ask ODACC to Set Fees”.
If the Adjudicator submits the Adjudication Fee to the Parties, the Parties will receive an email asking them to log in to ODACC’s Custom System to view, confirm and pay outstanding amounts. If the Adjudicator asks ODACC to set the Adjudication Fee, ODACC will set the fee based on the Schedule of Fees. After ODACC sets the Adjudication Fee, the Adjudicator and the Parties will be notified via email. The Parties will be able to pay outstanding amounts on ODACC’s Custom System.