Termination

Watch the How to Video: Terminating an Adjudication

At any time before the Adjudicator makes a Determination, the Parties may agree to terminate the adjudication, subject to the payment of the Adjudication 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

Requesting the Claimant’s Consent to Terminate the Adjudication

To obtain the Claimant’s consent to terminate the adjudication, a Respondent should 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.

After the termination request is submitted, the Claimant will receive an email informing him or her that the Respondent wants to terminate the adjudication, to log in to ODACC’s Custom System to indicate if they consent to terminate the adjudication. Once the Claimant responds to the request, the Respondent will be notified via email and the chart shown at Figure 14 will be updated to show the Claimant’s response:

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 adjudication.
If the Respondent rejects the termination request, the adjudication will proceed.

FAQ: Why can’t I see the “Termination” button?

The Termination button will be available to the Parties after the Respondent submits the Response to Notice of Adjudication. If the Parties wish to terminate the adjudication before the Respondent submits a Response to Notice of Adjudication, the Parties can message ODACC to request that the adjudication proceed without the Response to Notice of Adjudication. ODACC will grant the Respondent access to the adjudication, and both Parties will have access to the Termination page.

Responding to a Termination Request

If the Claimant initiates a termination request, the Respondent will receive an email stating that the Claimant wants to terminate the adjudication. Once the Respondent logs in to ODACC’s Custom System, the Respondent can indicate if he or she approves or rejects the termination request on the second step of the Termination page, the “Review & Respond” page (reproduced at Figure 14). 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 adjudication. If a Party rejects the termination request, the adjudication will proceed.

Adjudicator Sets Adjudication Fee

If all Parties agree to terminate the adjudication, the Adjudicator will be sent an email informing the Adjudicator that the Parties have agreed to terminate the adjudication. The Adjudicator and the Parties will need to negotiate the Adjudication Fee. After the Parties and the Adjudicator agree on an Adjudication Fee, the Adjudicator will enter the Adjudication Fee on the Termination page of ODACC’s Custom System. After an Adjudicator enters the Adjudication Fee on ODACC’s Custom System, the Parties will receive an email asking them to log in to ODACC’s Custom System. On the Termination page, the Parties will be instructed to review the Adjudication Fee that was negotiated with the Adjudicator and to indicate that it’s the agreed amount. Parties will then be able to pay outstanding amounts on ODACC’s Custom System.

ODACC Sets Adjudication Fee

If the Parties and the Adjudicator are unable to negotiate an Adjudication Fee, the Adjudicator will ask ODACC to set the Adjudication Fee. ODACC will set the Adjudication 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.

FAQ: If the Parties agree to terminate the adjudication before an Adjudicator is appointed, will there be an Adjudication Fee?

No. If the Parties agree to terminate the adjudication before the appointment of an Adjudicator, then ODACC will set the Adjudication Fee at $0. An Adjudication Referral Fee may be payable by the Claimant, as described at the Schedule of Fees.