Frequently Asked Questions

To start an adjudication, the Claimant must provide the Respondent with a Notice of Adjudication, and send an electronic copy of the Notice of Adjudication to CanDACC. For information on how to commence an adjudication, please refer to Commencing an Adjudication.

 

To participate in the selection of an Adjudicator, the Respondent must create an account on CanDACC’s Custom System.  After creating an account, the Respondent will be able to complete a Respondent’s Adjudicator Selection Form through CanDACC’s Custom System.  For information on how to participate in the selection of an Adjudicator, please refer to Selecting an Adjudicator.

To respond to a Notice of Adjudication, the Respondent must create an account on CanDACC’s Custom System. After creating an account, the Respondent will be able to complete a Response to Notice of Adjudication. For information on how to respond to a Notice of Adjudication, please refer to Response to Notice of Adjudication.

 

No. CanDACC will not administratively decide whether a dispute may properly be referred to adjudication. A Claimant may commence an adjudication and, as part of the adjudication process, request that the Adjudicator determine whether the Adjudicator has jurisdiction to decide the issue. A Respondent may also ask an Adjudicator to decide whether the Adjudicator has jurisdiction to decide the issue.

The cost of an adjudication will vary. The fee is based on the amount in dispute as set out in the Schedule of Fees unless the Adjudicator and the Parties agree otherwise. For a copy of the Fee Schedule, please refer to the following link: Schedule of Fees. The Adjudication Fee may consist of a fixed fee, or an hourly rate multiplied by the number of hours spent by the Adjudicator, plus disbursements and taxes. If the Parties and the Adjudicator agree to a fee that is different from the fee in the Fee Schedule, they need to notify CanDACC in writing within two days of the Adjudicator consenting to adjudicate.

No. A lawyer is permitted but not required for CanDACC adjudications.

Please refer to the Certification Process section of CanDACC’s website for instructions on how to become an Adjudicator.

 

For information on how to select an Adjudicator, please refer to Selecting an Adjudicator.

To contact an Adjudicator, log in to CanDACC’s Custom System and send a message through the “Messages” tab. For further instructions on how to message the Adjudicator, please refer to Sending Messages to the Adjudicator.

The Adjudicator will conduct the adjudication in accordance with the Adjudicator’s powers, duties, and functions as set out in s. 6(1) of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution). On receipt of the Claimant’s documents, the adjudicator will inform the Parties, in writing, of the steps to be followed in the adjudication process, in accordance with s. 17 of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution).

 

Some adjudications may require a hearing by videoconference, some may require an in-person hearing, some may involve a site visit, inspection, test, or experiment, and some may proceed only with documents. For further information about the adjudication process, please refer to Adjudication Process.

Need Support?

Contact us at authority@candacc.ca

CanDACC

© CanDACC All rights reserved

DISCLAIMER: Our website provides general information on legal and related matters and should not be relied upon as legal advice.
Skip to content