Adjudicator Selection Process
There are two ways in which an Adjudicator may be appointed to an adjudication. Pursuant to s. 17 of the Federal Prompt Payment for Construction Work Act, the Parties to the adjudication may either: (a) agree on an Adjudicator; or (b) ask CanDACC to appoint an Adjudicator. Below is an outline of the Adjudicator selection process.
A. Parties Agree on an Adjudicator
On the Notice of Adjudication, the Claimant must indicate the name of a proposed Adjudicator to conduct the Adjudication.
When the Respondent reads the Notice of Adjudication, the Respondent will see the name of the Claimant’s proposed Adjudicator. In the Response to Notice of Adjudication, the Respondent may select one of the following three options:
The Respondent may agree to select the Claimant’s proposed Adjudicator.
The Respondent would then indicate in its Respondent’s Adjudicator Selection Form that it accepts the Claimant’s proposed Adjudicator. The proposed Adjudicator will then receive an email asking the Adjudicator whether they consent to conduct the adjudication. Further details about obtaining an Adjudicator’s consent are outlined at: Consenting to Adjudicate;
The Respondent may propose a different Adjudicator.
If the Respondent proposes a different Adjudicator than the Claimant had proposed, the Parties will communicate through CanDACC’s Custom System until they agree on an Adjudicator or one of the Parties asks CanDACC to appoint an Adjudicator (as outlined below); or
The Respondent may ask CanDACC to appoint the Adjudicator.
If the Respondent asks CanDACC to appoint an Adjudicator, CanDACC will appoint an Adjudicator within five days after the day on which the appointment request is received (as required by s. 15(2) of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution)). Further details about CanDACC’s appointment process are outlined below at: CanDACC Appointed Adjudicator.
The Adjudicator Selection page will be available to the Parties within the first four days after the Respondent is provided with the Notice of Adjudication.
B. CanDACC Appointed Adjudicator
If CanDACC is asked to appoint an Adjudicator, CanDACC will appoint an Adjudicator within five days after the day on which the appointment request is received. Within two days after the day on which the Adjudicator is appointed, CanDACC will inform the Parties of the date of that Adjudicator’s consent to their appointment, as well as their contact information.
CanDACC will consider the following factors when appointing an adjudicator:
matching the issue in dispute with the expertise of the Adjudicator;
the amount in dispute and fee charges by the Adjudicator (to have the Adjudication Fee be proportionate to the amount in dispute);
the availability of the Adjudicator; and
any other appropriate factor (e.g. language, whether the adjudicator has a conflict of interest, etc.).
Adjudicator Appointment if the Respondent Does Not Submit a Respondent’s Adjudicator Selection Form
If the Respondent does not submit a Respondent’s Adjudicator Selection Form through CanDACC’s Custom System within four days of being provided with the Notice of Adjudication, the Claimant may request, in writing, that CanDACC appoint an Adjudicator. CanDACC will then appoint an Adjudicator within five days of the request, as required by s. 15(2) of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution).
FAQ: Will CanDACC appoint the Claimant’s proposed Adjudicator if the Respondent does not submit a Respondent’s Adjudicator Selection Form?
No. CanDACC will not appoint the Claimant’s proposed Adjudicator if the Respondent does not submit a Respondent’s Adjudicator Selection Form through CanDACC’s Custom System. CanDACC will appoint an Adjudicator in accordance with the factors listed above at: CanDACC Appointed Adjudicator.
FAQ: What happens if the
Parties do not agree on an Adjudicator and neither Party asks CanDACC to
appoint an Adjudicator?
If 30 days have passed since the
Notice of Adjudication was received and there has been no agreement on an
Adjudicator and neither Party has asked CanDACC to appoint an Adjudicator, CanDACC will close the adjudication file.
FAQ: Will CanDACC consider the Parties’ list of preferred Adjudicators when making appointments?
No. CanDACC will not consider the Parties’ preferences when appointing an Adjudicator.
FAQ: If the Parties agree on an Adjudicator after they have asked CanDACC to make an appointment, will CanDACC appoint that Adjudicator?
Yes. If all of the Parties agree on one Adjudicator and CanDACC has not yet appointed an Adjudicator, all the Parties may contact CanDACC at support@candacc.ca to request that CanDACC appoint that Adjudicator.
