Resignation
Can an Adjudicator Resign?
Pursuant to s. 5 of the Federal Prompt Payment for Construction Work Regulations (Criteria, Time Limits, Interest and Circumstances), an Adjudicator is not required to determine a dispute in the following circumstances:
(a) the dispute they were to determine has been consolidated with another dispute and another Adjudicator has been appointed to determine the consolidated disputes;
(b) their appointment is revoked by agreement of all the Parties;
(c) they have a conflict of interest; or
(d) it has been determined, to the satisfaction of CanDACC, that they are no longer able to adjudicate the dispute.
Adjudicators will be deemed to have resigned following the consolidation of an adjudication.
Negotiating the Adjudication Fee After Resignation
If an Adjudicator resigns (or is deemed to have resigned), the Adjudicator will: (a) notify the Parties of the Resignation; and (b) negotiate the Adjudication Fee with the Parties.
If the Parties and the Adjudicator do not agree on an Adjudication Fee, the Adjudicator can ask CanDACC to set the Adjudication Fee (for instructions, refer to “Completing the Resignation tab” below). CanDACC will set the Adjudication Fee in accordance with the Schedule of Fees.
Completing the Resignation Tab
After the Parties and the Adjudicator negotiate the Adjudication Fee, or after CanDACC sets the Adjudication Fee, the Adjudicator must complete the Resignation tab on CanDACC’s Custom System. The Resignation 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 resignation. On the Resignation tab, an Adjudicator should:
Select the reason for the resignation from the drop-down menu;
On the first row of the chart to the left of the page, enter the Adjudication Fee negotiated between the Adjudicator and the Parties or, if no agreement could be reached, leave the amount at $0;
Apportion the Adjudication Fee among the Parties;
Enter any comments; and
Press the “Submit to Parties” or “Ask CanDACC to Set Fees” button.
If the Adjudicator clicks on the “Submit to Parties” button, the Parties will receive an email notifying them that the Adjudicator has set the Adjudication Fee owing at resignation. The Parties will be asked to log in to CanDACC’s Custom System to indicate their consent to the Adjudication Fee amount. Once all Parties confirm the Adjudication Fee amount, the Resignation Chart will be updated and the Parties will be required to pay the fee. Once the fee has been paid, CanDACC will close the file.
If the Adjudicator clicks on “Ask CanDACC to Set Fees”, CanDACC will set the Adjudication Fee and the Adjudicator and the Parties will be notified via email. They will be asked to log in to CanDACC’s Custom System to view the amount of the Adjudication Fee. The Parties will be required to pay the fee. Once the fee has been paid, CanDACC will close the file.
If an Adjudicator fails to complete an adjudication pursuant to s. 5 of the Federal Prompt Payment for Construction Work Regulations (Criteria, Time Limits, Interest and Circumstances), a new adjudication file will have to be opened and a new Adjudicator must be appointed either jointly by the Parties or by CanDACC (s. 19 of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution)).
FAQ: After an Adjudicator resigns, can a new Adjudicator be appointed to the initial adjudication?
No. If an Adjudicator resigns, the adjudication will be closed. In order to move the adjudication forward, a fresh adjudication must be created by commencing a new adjudication on CanDACC’s Custom System.
