Termination

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).

 

How to Terminate an Adjudication

Claimant Requesting to Terminate the Adjudication

If the Claimant wishes to terminate the adjudication, they need the Respondent’s consent. To obtain the Respondent’s consent to terminate the adjudication, a Claimant should submit a termination request on CanDACC’s Custom System:

  • Log in to CanDACC’s Custom System;

  • Select the case from “My Cases”;

  • Click on the “Terminate Case” button;

  • Select the reason for termination;

  • Enter any comments; and

  • Press the “Submit” button.

After the termination request is submitted, the Respondent will receive an email informing them that the Claimant wants to terminate the adjudication and inviting them to log in to CanDACC’s Custom System to indicate if they consent to terminate the adjudication. Once the Respondent responds to the request, the Claimant will be notified via email.

If all Parties agree to terminate the adjudication, the adjudication will be terminated and the Adjudicator will be sent an email informing them that the Parties agreed to terminate the adjudication.

If the Respondent rejects the termination request, the adjudication will proceed.

 

Respondent Requesting to Terminate the Adjudication

If the Respondent initiates a termination request, the Claimant will receive an email stating that the Respondent wants to terminate the adjudication. Once the Claimant logs in to CanDACC’s Custom System, the Claimant can indicate if they approve or reject the termination request on the second step of the Termination page.

If all Parties agree to terminate the adjudication, the adjudication will be terminated and the Adjudicator will be sent an email informing them that the Parties agreed to terminate the adjudication.

If the Claimant rejects the termination request, the adjudication will proceed.

 

Adjudication Fee Upon Termination

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. Please see the Schedule of Fees for information on how the termination fee will be set by CanDACC.

After an Adjudicator enters the Adjudication Fee on CanDACC’s Custom System, the Parties will receive an email asking them to log in to CanDACC’s Custom System. On the Termination page, the Parties will be instructed to review the Adjudication Fee and to indicate that it is the agreed amount. Parties will then be able to pay any outstanding amounts on CanDACC’s Custom System.

FAQ: If the Parties agree to terminate the adjudication before an Adjudicator is appointed, will there be an Adjudication Fee?

No. If the Parties agree to terminate the adjudication before the appointment of an Adjudicator, then CanDACC will set the Adjudication Fee at $0. An Adjudication Filing Fee may be payable by the Claimant, as described here: Schedule of Fees.

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