At any time before the Adjudicator makes a Determination, the Parties may agree to terminate the adjudication, subject to the payment of the Adjudicator’s 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.
How to Terminate an Adjudication
Step 1: Request the Other Party’s Consent to Terminate the Adjudication
To obtain the other Party’s consent to terminate the adjudication, submit a termination request on ODACC’s Custom System:
- Log in to ODACC’s Custom System;
- Select the case from “My Cases”;
- Click on the “Terminate Case” button (as shown at Figure 13);
- Select the reason for termination;
- Enter any comments; and
- Press the “Submit” button.
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After the termination request is submitted, the other party will receive an email informing him or her that a Party wants to terminate the case, to log in to ODACC’s Custom System to indicate whether they consent to terminate the case or not.
Step 2: Respond to the Termination Request
Once a Party logs in to ODACC’s Custom System to respond to a termination request, they will be redirected to the second step of the Termination process, the “Review & Respond” screen (a screenshot of which is found below at Figure 14).
On the Review & Respond screen, a Party can indicate if they approve or reject the termination request:
- If all Parties agree to terminate the adjudication, the chart at Figure 14 will be updated to show that all Parties agree to terminate. The Adjudicator will be sent an email informing him or her that the Parties agreed to terminate the case, and asking him or her to set his fees (refer to Step 3 below for further information).
- If a Party rejects the termination request, the adjudication will proceed.
Step 3: Adjudicator Sets Adjudication Fee
After an Adjudicator sets his or her Adjudication Fee owing at termination, the Parties will receive an email asking them to log in to ODACC’s Custom System to view and pay the fees. The Parties will be directed to the fourth step of the Termination process, the “Consent to Fees” screen (a screenshot of which is found below at Figure 15). Parties will be instructed to review the Adjudication Fee that was set by the Adjudicator (by clicking on the number 3 “Define Fees” in the process bar), and to indicate if they approve or reject the Adjudication Fee.
As Parties approve or reject the Adjudication Fee, the chart on the “Consent to Fees” screen (Figure 15) will be updated:
- After all Parties approve the Adjudication Fee, an email will be sent to the Parties and the Adjudicator informing them that the fees were approved by all Parties. The Parties will be able to pay outstanding amounts through the fifth step of the Termination Process, the “Payment” screen.
- If a Party rejects the Adjudication Fee, the Adjudicator will receive an email asking him or her to submit a new Adjudication Fee or to ask ODACC to determine the fees.
- If the Adjudicator submits a new Adjudication Fee to the Parties, the Parties will be emailed and asked to indicate if they consent to the fees (as described above).
- If ODACC is asked to set the Adjudication Fee, ODACC will set the fee in accordance with the Schedule of Fees. After ODACC sets the Adjudication Fee, the Parties and the Adjudicator will be notified via email and asked to log in to ODACC’s Custom System to view the amount. The Parties will be able to pay outstanding fees. Once all fees have been paid, ODACC will close the adjudication file.