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Selecting an Adjudicator

Adjudicator Registry

ODACC is responsible for certifying Adjudicators and for maintaining a public record of qualified Adjudicators (s. 13.3 of the Construction Act). Only Adjudicators listed in ODACC’s Adjudicator Registry are permitted to conduct adjudications and make Determinations under the Construction Act. To obtain a list of certified Adjudicators, please visit the Adjudicator Registry available at the following link: Adjudicator Registry

For each Adjudicator, the Adjudicator Registry lists:

  • Contact information;
  • Geographical areas where the Adjudicator agrees to travel without travel time or disbursement charges;
  • Education;
  • Profession(s);
  • Professional bodies that the Adjudicator is a member of in good standing;
  • Years of experience;
  • Language(s) spoken;
  • The hourly rate at which the Adjudicator will conduct ODACC adjudications;
  • The fixed fee rates for which the Adjudicator is willing to conduct ODACC adjudications. For further information on fixed fee rates, please refer to Adjudication Process;
  • A biography detailing areas of expertise in the construction industry; and
  • The period of validity of the Adjudicator’s certificate.

FAQ: Can certified Adjudicators conduct adjudications without notifying ODACC?

No. All certified Adjudicators must notify ODACC of all the adjudications they conduct. All adjudications that are commenced under the Construction Act must proceed through ODACC.

Table of Contents

How to Select an Adjudicator

Parties have four days, after the Respondent views the Notice of Adjudication, to agree on an Adjudicator and obtain the Adjudicator’s consent to adjudicate (s. 13.9(4) of the Construction Act). 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.

Step 1: Claimant Proposes an Adjudicator in the Notice of Adjudication

On the Notice of Adjudication, the Claimant must indicate the name of a proposed Adjudicator to conduct the adjudication. For instructions on completing the Notice of Adjudication, please refer to Commencing an Adjudication.

Step 2: Respondent’s Response to Claimant’s Proposed Adjudicator

When the Respondent reads the Notice of Adjudication, the Respondent will see the name of the Claimant’s proposed Adjudicator. In the Response to Notice of Adjudication, the Respondent may select one of the following three options:  

1.The Respondent may agree to select the Claimant’s proposed Adjudicator.

The Respondent would then indicate in its Response to the Notice of Adjudication that it accepts the Claimant’s proposed Adjudicator. The proposed Adjudicator will then receive an email asking the Adjudicator whether he or she consents to conduct the adjudication. Further details about obtaining an Adjudicator’s consent are outlined below at: Obtaining an Adjudicator’s Consent.
2. The Respondent may ask ODACC to appoint the Adjudicator.

If the Respondent asks ODACC to appoint an Adjudicator, ODACC will appoint an Adjudicator within seven days of the filing of the Response to Notice of Adjudication (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.
3. The Respondent may propose a different Adjudicator.

If the Respondent proposes a different Adjudicator than the Claimant had proposed, the parties will engage in the Adjudicator Selection Process through ODACC’s Custom system, as outlined below.

Step 3: Adjudicator Selection Process

If, in the Response to Notice of Adjudication, the Respondent proposes a different Adjudicator than the one proposed by the Claimant, the Claimant will receive an email asking the Claimant to log in to ODACC’s Custom System to see the name of the Respondent’s proposed Adjudicator. The Claimant should:

  • Log in to ODACC’s Custom System
  • Click on “My Cases”;
  • Click on the case name (a link to the case dashboard); and
  • Click on the case notification that states “The other Party suggested an adjudicator for the case. Please click here to review and respond.”

The Claimant will then be directed to the Adjudicator Selection Screen, a screenshot of which is below (at Figure 1).

Figure 1: Adjudicator Selection Screen

On the Adjudicator Selection Screen, the Claimant can select one of the following three options:

  1. “I agree to the Adjudicator suggested by the Respondent to conduct the adjudication.”
    • If the Claimant agrees to select the Adjudicator proposed by the Respondent, the proposed Adjudicator will receive an email asking the Adjudicator whether he or she consents to conduct the adjudication. Further details about obtaining an Adjudicator’s consents are outlined below at: Obtaining an Adjudicator’s Consent.
  2. “I request ODACC to appoint an Adjudicator to conduct the adjudication.”
    • If the Claimant requests that ODACC appoint an Adjudicator, the Claimant should click on the “Submit” button on the Adjudicator Selection Screen, and ODACC will then appoint an Adjudicator within seven days (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.
  3. “I would like to suggest a different Adjudicator to conduct the adjudication.”
    • If the Claimant wants to suggest a different Adjudicator from the one proposed by the Respondent (and different from the one originally proposed by the Claimant), the Claimant will be able to select an Adjudicator from a drop-down list on the Adjudicator Selection Screen. After the Claimant clicks the “Submit” button, the Respondent will receive an email asking the Respondent to log in to ODACC’s Custom System to view the name of the proposed Adjudicator. The Respondent will have access to the Adjudicator Selection Screen, as shown at Figure 1, and will be able to select one of the three options that was previously available to the Claimant.

Appointment of an Adjudicator After Four Days Have Passed Since the Respondent Viewed the Notice of Adjudication

The Adjudicator Selection Screen will be available to the Parties within the first four days after the Respondent views the Notice of Adjudication. If the Parties do not agree on an Adjudicator within the four days, the Claimant shall request that ODACC appoint an Adjudicator. Once ODACC receives the request, it will make the selection within seven days, as required by s. 13.9(4) of the Construction Act. Further details about ODACC’s appointment process are outlined below at the following link: ODACC Appointed Adjudicator.

Adjudicator Appointment if the Respondent does not Respond to the Notice of Adjudication

If the Respondent does not respond to the Notice of Adjudication within four days of being provided with access to it, the Claimant shall ask ODACC to appoint an Adjudicator. A Claimant should:

  • Log in to ODACC’s Custom System;
  • Click on “My Cases”;
  • Click on the case name (a link to the case dashboard); and
  • Click the “Request ODACC to Appoint Adjudicator” button.

ODACC will then appoint an Adjudicator within seven days of the request, as required by s. 13.9(4) of the Construction Act. Further details about ODACC’s appointment process are outlined below at the following link: ODACC Appointed Adjudicator.

FAQ: Will ODACC appoint the Claimant’s proposed Adjudicator if the Respondent does not respond to the Notice of Adjudication?

No. ODACC will not appoint the Claimant’s proposed Adjudicator if the Respondent does not respond to the Notice of Adjudication. ODACC will appoint an Adjudicator in accordance with the rules found at the following link: ODACC Appointed Adjudicator.

FAQ: What happens if the Parties do not agree on an Adjudicator and the Claimant does not asks ODACC to appoint an Adjudicator?

If there is no agreement on an Adjudicator and the Claimant does not ask ODACC to appoint an Adjudicator, ODACC will close the case file. If ten 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 case will be closed unless the Claimant contacts ODACC within the next five days to request that an Adjudicator be appointed.

Obtaining an Adjudicator’s Consent to Conduct the Adjudication

After the Parties agree on an Adjudicator, the Adjudicator will receive an email requesting that he or she consent to conduct the adjudication.

If the Adjudicator consents to conduct the adjudication, the Parties will receive an email advising them that the Adjudicator has consented to conduct the adjudication. If the Parties log in to ODACC’s Custom System, they will be able to view the Adjudicator’s contact details on the “Adjudicator” screen, a screenshot of which is found below (at Figure 2).

If the Adjudicator does not consent to conduct the adjudication, the Parties will be notified via email and the Claimant shall contact ODACC to select an Adjudicator, as outlined at the following link: Appointment of an Adjudicator After the Four Days Have Passed After the Respondent viewed the Notice of Adjudication.

Figure 2: Adjudicator Screen

ODACC Appointed Adjudicator

If ODACC is asked to appoint an Adjudicator, ODACC will select an Adjudicator and obtain the Adjudicator’s consent within seven days of receiving the request to make the appointment. Once the Adjudicator is appointed, the Parties will be notified of the appointment.

ODACC will use the following guidelines to appoint an Adjudicator:

  1. 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.
  2. If possible, the Adjudicator appointed will be one who is willing to travel to the location where the construction is occurring (if travel is required).

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 (but before the appointment is made), 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.

 

FAQ: If the Parties agree on a different Adjudicator after ODACC has appointed an Adjudicator, who will be the Adjudicator?

The Adjudicator appointed by ODACC will be the Adjudicator, if the Parties agreed on a different Adjudicator after ODACC appointed an Adjudicator.

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