When the Adjudicator communicates the adjudication process to the Parties, the Adjudicator will specify the supporting documents (and number of pages) that each Party may submit to the Adjudicator for consideration.
How to Submit Supporting Documents
The Claimant and the Respondent must send their documents to the Adjudicator through the “Documents” screen on ODACC’s Custom System, a screenshot of which is found below (at Figure 4). The Claimant, Respondent, Adjudicator, and all individuals who have access to the case will be able to view the documents uploaded on the Documents screen. After a Party uploads a document, the other Party and the Adjudicator will receive an email advising them that a new document has been uploaded on ODACC’s Custom System.
Table of Contents
FAQ: When will documents be deemed to have been uploaded on ODACC’s Custom System?
Where a document is uploaded on ODACC’s Custom System between midnight and 3:59 pm (EST) on a business day, the document will be deemed to have been uploaded on that day. Where a document is uploaded on ODACC’s Custom System between 4:00 p.m. and midnight (EST) or on a weekend or statutory holiday, it will be deemed to have been uploaded on the following business day.
FAQ: Can documents be deleted after they have been uploaded on ODACC’s Custom System?
No. Documents cannot be deleted after they have been uploaded on ODACC’s Custom System.
Due Dates for Supporting Documents
The Claimant’s supporting documents are due within five days of the appointment of the Adjudicator. Section 13.11 of the Construction Act, states:
13.11 No later than five days after an adjudicator agrees or is appointed to conduct the adjudication, the party who gave the notice of adjudication shall,
(a) provide to the adjudicator a copy of the notice; and
(b) provide to the adjudicator and to the other party a copy of the contract or subcontract and any documents the party intends to rely on during the adjudication.
The Adjudicator will notify the Respondent as to when it must submit its supporting documents.
Sending Messages to the Adjudicator
ODACC’s Custom System contains a “Messages” screen (see Figure 5 below) that allows the Parties, Representatives and the Adjudicator to message one another. If a message is sent through ODACC’s Custom System, everyone who can access the case will be able to view the message, even if the message is only addressed to one recipient. After a message is sent through ODACC’s Custom System, an email will be sent to the intended recipient, advising that a new message is available on ODACC’s Custom System.
If the Parties wish to communicate in private, they should do so outside of ODACC’s Custom System. Please note that all messages to the Adjudicator should be copied to all parties as it is not appropriate for a Party to send a private message to the Adjudicator.