Can the Parties Terminate an Adjudication?

At any time before the Adjudicator makes a Determination, the Parties may agree to terminate the dispute pursuant to s. 20 of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution).

Notice of Termination and Fee Negotiation

If all Parties agree to terminate the adjudication, the Adjudicator will be sent an email informing them that the Parties have agreed to terminate the adjudication. The Parties and the Adjudicator will need to set the Adjudication Fee for the terminated Adjudication. If the Parties and the Adjudicator do not agree on an Adjudication Fee, the Adjudicator will ask CanDACC to set the Adjudication Fee and CanDACC will set the Adjudication Fee in accordance with the Schedule of Fees.

Entering the Adjudication Fee

After an Adjudicator logs in to CanDACC’s Custom System, the Adjudicator will have a notification that states: “The Parties consent to terminate the adjudication. Please click here to enter the Adjudication Fee”. After clicking on the link, the Adjudicator will be directed
to the Termination tab.

To enter the Adjudication Fee, an Adjudicator must complete the information required on the Termination tab on CanDACC’s Custom System. The Termination tab contains two charts that display the Adjudication Fee, disbursements, Filing Fee, and Certification Fee that: (a) were approved and/or paid to date; and (b) are owing at termination. To enter the
Adjudication Fee, an Adjudicator should:

  • Enter the Adjudication Fee on the first row of the chart on the left and click on “Save and Calculate”;

  • Apportion the Adjudication Fee amongst the Parties;

  • Enter any comments; and

  • Click on “Submit to Parties” or “Ask CanDACC to Set Fees”.

If the Adjudicator submits the Adjudication Fee to the Parties, the Parties will receive an email asking them to log in to CanDACC’s Custom System to view, confirm, and pay outstanding amounts. If the Adjudicator asks CanDACC to set the Adjudication Fee, CanDACC will set the fee based on the Schedule of Fees. After CanDACC sets the Adjudication Fee, the Adjudicator and the Parties will be notified via email. The Parties will be able to pay outstanding amounts on CanDACC’s Custom System.

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