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What are some of the Pre-Designed Adjudication Processes Suggested by ODACC?
ODACC Adjudication offers several options for resolving a construction dispute. Parties may choose from one of our four suggested Pre-Designed Adjudication processes or they may suggest a Custom process to resolve the dispute with the other party and the Adjudicator. An Adjudication Process can be as simple as submitting the construction contract and the disputed …
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What Fees do the Parties have to pay in an ODACC Adjudication?
After an Adjudicator consents to adjudicate a dispute, the Adjudicator will contact the Parties to negotiate the Adjudication Fee. The Adjudication Fee may consist of a flat fee, or an hourly rate (plus disbursements). If the Adjudicator and the Parties cannot agree on an Adjudication Fee, the Adjudicator may ask ODACC to set the fee. …
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Are the ODACC Determinations Enforceable?
Yes. Once a Determination is made by the Adjudicator it is binding on the parties to the Adjudication until a determination of the matter by a court, a Determination of the matter by way of an arbitration under the Arbitration Act, 1991 or a written agreement between the parties respecting the matter. Any party to …
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When can a Claimant in an ODACC Adjudication expect a decision to be made by the Adjudicator?
The Adjudicator will make a Determination within 30 days from the day the Claimant submits its documents (the “Due Date”). The Due Date may be extended with the consent of all the Parties and the Adjudicator. ODACC will certify the Determination within 7 days of the Determination being sent to the Parties Visit www.odacc.ca to …
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What Documents does a Claimant have to provide for the Adjudication?
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. The Claimant’s supporting documents are due within 5 days of the appointment of the Adjudicator. The Adjudicator will notify the Respondent as to …
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What is the Adjudication Process that is Used in the ODACC Adjudication?
The Adjudicator will conduct the Adjudication in the manner he or she determines appropriate in the circumstances, in accordance with the Construction Act. Some Adjudications may proceed only with reviewing documents and some may include a hearing by videoconference, and some may also require a site visit. There are various suggested ODACC Pre-designed Adjudication Processes that the parties …
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How does a Party Select an Adjudicator in an ODACC Adjudication?
After the Respondent receives the Notice of Adjudication from the Claimant, the Claimant and the Respondent have 4 days to select an Adjudicator from ODACC’s list of Certified Adjudicators and obtain the Adjudicator’s consent to act as the Adjudicator. The Adjudicator must agree to conduct the Adjudication. If the Parties cannot agree on an Adjudicator, …
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How does a Party Commence a Construction Adjudication – Notice of Adjudication:
Adjudications must be commenced through ODACC, the body responsible for administering adjudications and training and qualifying Adjudicators. The first step is for the Claimant, the party making a claim against another party to provide a “Notice of Adjudication” to the other party, the Respondent and to ODACC. The Notice of Adjudication is uploaded on the …
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What are some of the Benefits of Adjudication?
Adjudication for your construction dispute offers “real time” dispute resolution: Quick: A decision will be made in 39-46 days (unless the parties agree to an extension). Cost-effective and relatively inexpensive: Work with an Adjudicator to set an Adjudication process and fee. Available as of right: A party to a construction contract can commence an adjudication …
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What is Construction Adjudication designed to do?
Help make sure that workers and businesses are paid on time for their work. Help make sure payment disputes are addressed effectively and efficiently. Help resolve disputes in “real time”. Help construction projects move forward. Visit www.odacc.com to learn more.
What is Adjudication?
Adjudication is a dispute resolution process that allows parties to present their dispute to an independent third party for a decision. Adjudication is now available to parties involved in construction disputes through ODACC. Visit www.odacc.ca to learn more.