ADJUDICATION BASICS
Adjudication is a new method of dispute resolution contained in the Ontario Construction Act. It allows parties to a construction contract to enforce a right of payment without going to court.
See the fact sheet Prompt Payment & Adjudication 101 to determine if your contract qualifies for adjudication.
James De Melo: Ten key facts about adjudication from the Council of Ontario Construction Associations!
This guide is a helpful starting point for anyone looking to familiarize themselves with the basics of adjudication. For some more in-depth tips and additional resources, Paul Conrod wrote an article expanding on item 2 of this list, explaining the impact that terminating a contract has on a party’s right to commence an adjudication: Termination of a Construction Contract Does not Terminate the Right to Adjudication. If you are interested in a little bit more of an in-depth discussion on the basics of adjudication James De Melo and Faren Bogach recently wrote an article discussing the adjudication process: Adjudications: Remember Me?
More and more we are seeing an uptake in owners and contractors considering adjudication as a quick and cost-effective alternative to traditional dispute resolution processes. As adjudication becomes more popular in Ontario, it is important for all members of the construction industry to become familiar with the adjudication process.