Supporting Documents
When the Adjudicator communicates the adjudication process to the Parties, the Adjudicator may specify the supporting documents, materials, and number of pages that each Party may submit to the Adjudicator for consideration.
How to Submit Supporting Documents
The Claimant and the Respondent must upload their documents on the “Documents” tab on CanDACC’s Custom System. The Claimant, Respondent, Adjudicator, and all individuals who have access to the adjudication will be able to view the documents uploaded on the Documents tab. After a Party uploads a document, the other Party and the Adjudicator will receive an email advising them that a new document has been uploaded on CanDACC’s Custom System.
The Claimant and the Respondent must consent to the terms of the Adjudication Agreement before uploading their documents. Consent to the terms of the Adjudication Agreement is required to proceed to the next steps of the adjudication.
FAQ: Why can’t I see the “Documents” tab on CanDACC’s Custom System?
The Documents tab will not be visible until an Adjudicator consents to conduct the adjudication.
FAQ: Can documents be deleted after they have been uploaded on CanDACC’s Custom System?
No. Documents cannot be deleted after they have been uploaded on CanDACC’s Custom System. If a Party wishes to have a document deleted once it has been uploaded, they may email support@candacc.ca to make the request to delete the document.
Due Dates for Supporting Documents
Claimant’s Documents
The Claimant’s supporting documents are due within five days after the day on which the Adjudicator consents to adjudicate. Section 16 of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) states that the Claimant must send the following documents to the Adjudicator and the other Parties:
(a) a copy of the notice of adjudication;
(b) a written statement of the facts on which it intends to rely; and
(c) copies of all documents on which it intends to rely, including if, applicable, all relevant extracts from the construction contract.
Respondent’s Documents
If a Respondent intends to respond, s. 18 of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) grants the Respondent up to 20 days after the day on which the Claimant’s materials were received to send to the Adjudicator and every other Party:
(a) a written statement of the facts on which it intends to rely; and
(b) copies of any material it wishes the adjudicator to consider.
The Adjudicator will render a written Determination with reasons within 20 days after the day on which the Respondent’s documents are received or, if there is no response, within 20 days after the day on which the Respondent’s documents were to be provided (s. 22(1) of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution)).
Sending Messages to the Adjudicator and CanDACC
CanDACC’s Custom System contains a “Messages” tab that allows the Parties, Representatives, the Adjudicator, and CanDACC to message one another. If a message is sent through CanDACC’s Custom System, everyone who can access the adjudication will be able to view the message. After a message is sent through CanDACC’s Custom System, an email will be sent to all individuals who have access to the adjudication, advising that a new message is available on CanDACC’s Custom System.
If the Parties wish to communicate in private, they should do so outside of CanDACC’s Custom System. Please note that all messages to the Adjudicator should be sent on the Messages tab of the CanDACC Custom System so that all Parties are privy to the same communications.
FAQ: If the Respondent has not responded to the Notice of Adjudication, will they receive an email after a new message is sent through CanDACC’s Custom System?
Yes. If the Respondent has not responded to the Notice of Adjudication, the Respondent will receive an email from communications@candacc.ca after a new message is sent through CanDACC’s Custom System. The email will contain the subject line of the message. The body of the email will direct the Respondent to CanDACC’s Custom System to view the message.
