Response to Notice of Adjudication
What is Adjudication?
A Notice of Adjudication is a document that commences an adjudication pursuant to the Construction Act. If you have received a Notice of Adjudication, that means that a Claimant has identified you as a Respondent to a dispute that was referred to adjudication. A sample PDF of a Notice of Adjudication is available at the following link: Notice of Adjudication Form.
For an explanation of what an adjudication is and the adjudication timelines, please refer to the following link: Adjudication Process.
Information on the transition provisions of the Construction Act is available here.
Receiving a Notice of Adjudication
Step 1: Open the Email
After a Claimant creates a Notice of Adjudication, ODACC will send an email to the Respondent that states:
Pursuant to Ontario’s Construction Act, a Claimant has filed a Notice of Adjudication with Ontario Dispute Adjudication for Construction Contracts (‘ODACC’) naming you (or your client, if you are a Representative) as the Respondent. IF YOU DO NOT FILE A RESPONSE with ODACC, the adjudication may proceed without you and a Determination may be obtained against you. Information about ODACC and the adjudication process is available at the following link: www.odacc.ca.
This Notice will permit you to:
(i) Participate in the selection of an Adjudicator (the “Adjudicator Selection”); and
(ii) View and respond to the Notice of Adjudication (the “Response to Notice of Adjudication”).
Please follow these steps to participate in the Adjudication:
Step 1 – Create an Account
If you do not have an account on ODACC’s Custom System, please create an account by clicking on one of the following options:
A) Create an Account as a Party
B) Create an Account as a Representative
After you create your account, return to this email and follow Steps 2 or 3 below to get access to your case.
Step 2 – Participate in the Adjudication Selection:
Please click on the following link to log in to ODACC’s Custom System and participate in the Adjudicator Selection.
The Adjudicator Selection page will be available to the Parties within the first four days after the day on which the Notice of Adjudication is received.
Step 3 – View and Respond to the Notice of Adjudication:
Please click on the following link to log in to ODACC’s Custom System and view and respond to the Notice of Adjudication.
If you require technical support, please contact us at support@odacc.ca.
FAQ: The Claimant provided me with a hardcopy of the Notice of Adjudication, but I did not receive the email invitation to ODACC’s Custom System.
If the Respondent did not receive the email with the Notice of Adjudication, the Respondent can ask the Claimant or ODACC to resend the email.
Step 2: Click on the Email Link
To view the Notice of Adjudication, the Respondent must click on the email link that is most appropriate to his or her situation. When the Respondent clicks on the email link, the Respondent will be taken to ODACC’s Custom System and asked to sign in (or to create an account). A description of ODACC’s Custom System and the process for creating an account are provided at the following link: ODACC’s Custom System.
Note: Throughout ODACC’s website, references to steps that can be taken by a Claimant or a Respondent on ODACC’s Custom System (e.g., responding to a Notice of Adjudication or selecting an Adjudicator) may also be taken by Representatives of Claimants or Respondents.
Step 3: Log in to ODACC’s Custom System
To log in to ODACC’s Custom System, a user must click on the blue “ODACC Custom System Login” button located on the top right of ODACC’s website, or they may visit the following link: ODACC Custom System Login. To log in, the user must use the email address and password entered when he or she created the account.
Step 4: Open the Notice of Adjudication
After following steps 1 through 3, the Respondent will be redirected to a page containing the Notice of Adjudication. A notification will appear on the Respondent’s screen stating, “You have now confirmed receipt of the Notice of Adjudication. Case no. X”.
FAQ: What constitutes legal “service” of the Notice of Adjudication under the Construction Act?
For the answer to this question and other legal questions, please consult a construction lawyer who can advise you, based on your situation.
FAQ: Will ODACC decide whether a dispute was properly referred to adjudication?
No. ODACC will not administratively decide whether a dispute was properly referred to adjudication. A Claimant may commence an adjudication, and, as part of the adjudication process, request that the Adjudicator determine whether the Adjudicator has jurisdiction to decide the issue. A Respondent may also ask an Adjudicator to decide whether the Adjudicator has jurisdiction to decide the issue.
FAQ: I entered into a contract or procurement process before October 1, 2019. Can my dispute be adjudicated?
For assistance determining what law applies to a construction project, please consult a construction lawyer. Information on transition rules is available at: Transition Rules.
Selecting an Adjudicator
After the Respondent views the Notice of Adjudication, the next step in the adjudication process is to select an Adjudicator. Please see the following link for instructions on how to select an Adjudicator: Selecting an Adjudicator.
Responding to a Notice of Adjudication
In addition to participating in the selection of an Adjudicator, a Respondent is able to respond to the Notice of Adjudication by submitting a Response to Notice of Adjudication through ODACC’s Custom System.
To respond to the Notice of Adjudication, the Respondent should open the Notice of Adjudication via the email link the Respondent received (as described above at Receiving a Notice of Adjudication). The Respondent should then scroll to the bottom of the Notice of Adjudication page and fill in the required fields in the Response to Notice of Adjudication. A sample Response to Notice of Adjudication Form can be found at the following link: Response to Notice of Adjudication.
Once the Respondent has completed all the fields on the Response to Notice of Adjudication, the Respondent must select the “Click to Proceed” button. After pressing the “Click to Proceed” button, the following steps will occur:
- The Respondent will view a confirmation message stating that the Response to Notice of Adjudication was successfully created and sent to the Claimant;
- ODACC will receive a copy of the Response to Notice of Adjudication in electronic format; and
- The Claimant will receive an email stating that the Respondent responded to the Notice of Adjudication.
FAQ: When will ODACC be deemed to have received a Response to Notice of Adjudication?
Where a Response to Notice of Adjudication is created between midnight and 3:59 pm (EST) on a business day, ODACC will be deemed to have received the Response to Notice of Adjudication on that day. Where the Response to Notice of Adjudication is created between 4:00 p.m. and midnight (EST) or on a weekend or statutory holiday, it will be deemed to have been received by ODACC on the following business day.
FAQ: If the Respondent has not responded to the Notice of Adjudication, will he or she receive an email after a new message is sent through ODACC’s Custom System?
Yes. If the Respondent has not responded to the Notice of Adjudication, the Respondent will receive an email from communications@odacc.ca after a new message is sent through ODACC’s Custom System. The email will contain the subject line of the message. The body of the email will direct the Respondent to ODACC’s Custom System to view the message.
Participating in the Adjudication Without Completing the Response to Notice of Adjudication
If the Respondent wishes to participate in the adjudication but does not wish to complete the Response to Notice of Adjudication, the Respondent should send an email to support@odacc.ca indicating that he or she wishes to have access to the adjudication via the ODACC Custom System. ODACC will invite the Respondent to join the adjudication.
If the Respondent does not complete the Response to Notice of Adjudication, he or she may not be able to suggest a Pre-Designed Process to the Adjudicator.
Inviting Additional Individuals to the Custom System
Inviting Representatives
If the Respondent has a Representative when the Response to Notice of Adjudication is created, the Respondent may include the Representative’s contact information in the Response to Notice of Adjudication. ODACC’s Custom System will email the Representative to invite him or her to create an account on ODACC’s Custom System once the Response to Notice of Adjudication is created.
If the Representative is retained after the Response to Notice of Adjudication is created, the Respondent may email ODACC at support@odacc.ca to ask that the Representative be invited to create an account. ODACC will send the Representative an invitation through ODACC’s Custom System. After the Representative creates an account, the Representative will have access to the information and documents filed in the adjudication.
Inviting Additional Individuals
The Respondent may give other individuals (i.e. assistants, contract managers, or project managers) access to the documents filed on ODACC’s Custom System (if granting such access does not breach the Respondent’s confidentiality obligations. After the Response to Notice of Adjudication is created, the Respondent may email ODACC at support@odacc.ca to ask that an individual be granted access. ODACC will send that individual an invitation to ODACC’s Custom System. After that individual creates an account, he or she will have access to the information and documents filed in the adjudication.
