Adjudicator Selection Process
There are two ways in which an Adjudicator may be appointed to an adjudication. Pursuant to s. 13.9(2) of the Construction Act, the Parties to the adjudication may either a) agree on an Adjudicator; or b) ask ODACC to appoint an Adjudicator. Below is an outline of the Adjudicator selection process.
A. Parties Agree on an Adjudicator
On the Notice of Adjudication, the Claimant must indicate the name of a proposed Adjudicator to conduct the adjudication.
When the Respondent reads the Notice of Adjudication, the Respondent will see the name of the Claimant’s proposed Adjudicator. In the Respondent’s Adjudicator Selection Form available through ODACC’s Custom System, the Respondent may select one of the following three options:
- The Respondent may agree to select the Claimant’s proposed Adjudicator.
The Respondent would then indicate in its Respondent’s Adjudicator Selection Form that it accepts the Claimant’s proposed Adjudicator. The proposed Adjudicator will then receive an email asking whether he or she consents to conduct the adjudication. Further details about obtaining an Adjudicator’s consent are outlined at: Consenting to Adjudicate.
- The Respondent may ask ODACC to appoint an Adjudicator.
If the Respondent asks ODACC to appoint an Adjudicator, ODACC will appoint an Adjudicator within seven days of the filing of the Respondent’s Adjudicator Selection Form (as required by s. 13.9(4) of the Construction Act). Further details about ODACC’s appointment process are outlined below at: ODACC Appointed Adjudicator.
- The Respondent may propose a different Adjudicator.
If the Respondent proposes a different Adjudicator than the Claimant had proposed, the Parties will communicate through ODACC’s Custom system until they agree on an Adjudicator or one of the Parties asks ODACC to appoint an Adjudicator (as outlined above).
B. ODACC Appointed Adjudicator
If ODACC is asked to appoint an Adjudicator, ODACC will obtain the Adjudicator’s consent and make an appointment within seven days after receiving the request for appointment. ODACC will use the following guidelines to appoint an Adjudicator:
- Based on the amount claimed in the Notice of Adjudication, ODACC will appoint an Adjudicator who is prepared to adjudicate at a fee that is proportionate to the amount claimed, as is set out in the Schedule of Fees.
- The Adjudicator appointed will be one who is willing to travel to the location where the construction is occurring, if required.
Appointment of an Adjudicator After Four Days Have Passed Since the Respondent was Provided with the Notice of Adjudication
If the Parties do not agree on an Adjudicator within four days of the Respondent being provided with the Notice of Adjudication, the Claimant shall request that ODACC appoint an Adjudicator. Once ODACC receives the Claimant’s request, ODACC will make the selection within seven days, as required by s. 13.9(4) of the Construction Act.
Adjudicator Appointment if the Respondent Does Not Submit a Respondent’s Adjudicator Selection Form
If the Respondent does not submit a Respondent’s Adjudicator Selection Form within four days of being provided with the Notice of Adjudication, the Claimant can ask ODACC to appoint an Adjudicator. ODACC will then appoint an Adjudicator within seven days, as required by s. 13.9(4) of the Construction Act.
FAQs
FAQ: Will ODACC appoint the Claimant’s proposed Adjudicator if the adjudication is proceeding without a Respondent’s Adjudicator Selection Form?
No. ODACC will not appoint the Claimant’s proposed Adjudicator if the adjudication is proceeding without a Respondent’s Adjudicator Selection Form. ODACC will appoint an Adjudicator in accordance with the rules found in the above section: ODACC Appointed Adjudicator.
FAQ: What happens if an Adjudicator is not appointed to an adjudication and the Claimant never asks ODACC to appoint an Adjudicator?
If an Adjudicator is not appointed to an adjudication and the Claimant never asks ODACC to appoint an Adjudicator, ODACC may close the adjudication file. If twenty days have passed since the Notice of Adjudication was submitted and the Claimant has not asked ODACC to appoint an Adjudicator, ODACC will send an email to the Claimant. The email will state that the adjudication will be closed unless the Claimant contacts ODACC within the next five days to request that an Adjudicator be appointed.
FAQ: Will ODACC consider the Parties’ list of preferred Adjudicators when making appointments?
No. If the Parties communicate to ODACC a list of preferred Adjudicators or preferred areas of expertise, ODACC will not consider the Parties’ preferences when appointing an Adjudicator.
FAQ: If the Parties agree on an Adjudicator after they have asked ODACC to make an appointment, will ODACC appoint that Adjudicator?
Yes. If all of the Parties agree on one Adjudicator and ODACC has not yet appointed an Adjudicator, all the Parties may contact ODACC at support@odacc.ca to request that ODACC appoint that Adjudicator.
