Response to Notice of Adjudication
I received a Notice of Adjudication. What is Adjudication?
A Notice of Adjudication is a document that commences an adjudication pursuant to the Federal Prompt Payment for Construction Work Act, S.C 2019, c. 29, s. 387 (the “Act”). If you have received a Notice of Adjudication, that means that a Claimant has identified you as a Respondent to a dispute that was referred to adjudication. For an explanation of what an adjudication is and the adjudication timelines, please refer to the following link: Adjudication Process.
For a list of Frequently Used Terms for this website and their definitions, please refer to the following link: Frequently Used Terms.
Receiving a Notice of Adjudication
Step 1: Open the Email
After a Claimant creates a Notice of Adjudication, CanDACC will send an email to the Respondent that states:
Pursuant to the Federal Prompt Payment for Construction Work Act, S.C. 2019, c. 29, s. 387, a Claimant has filed a Notice of Adjudication with Canada Dispute Adjudication for Construction Contracts (“CanDACC”) naming you (or your client, if you are a Representative) as the Respondent. IF YOU DO NOT FILE A RESPONSE with CanDACC, the adjudication may proceed without you and a Determination may be obtained against you. Information about CanDACC and the adjudication process is available at the following link: www.candacc.ca.
This Notice will permit you to:
(i) Participate in the selection of an Adjudicator (the “Adjudicator Selection”); and
(ii) View and respond to the Notice of Adjudication (the “Response to Notice of Adjudication”).
Please follow these steps to participate in the adjudication:
Step 1 – Create an Account
If you do not have an account on CanDACC’s Custom System, please create an account by clicking on one of the following options:
A) Create an Account as a Party
B) Create an Account as a Representative
After you create your account, return to this email and follow Steps 2 or 3 below to get access to your case.
Step 2 – Participate in the Adjudicator Selection:
Please click on the following link to log in to CanDACC’s Custom System and participate in the Adjudicator Selection.
The Adjudicator Selection page will be available to the Parties within the first four days after the day on which the Notice of Adjudication is received.
Pursuant to section 13 (1) of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) the Parties seeking to jointly appoint an Adjudicator to determine a dispute must communicate, in writing, with that Adjudicator within four days after the day on which the Notice of Adjudication is received.
Step 3 – View and Respond to the Notice of Adjudication:
Please click on the following link to log in to CanDACC’s Custom System and view and respond to the Notice of Adjudication.
Pursuant to section 18 of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) a Respondent that intends to respond has 20 days after the day on which the documents referred to in section 16 of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) are 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.
FAQ: The Claimant provided me with a hardcopy of the Notice of Adjudication, but I did not receive the email invitation to CanDACC’s Custom System.
If the Respondent did not receive the email with the Notice of Adjudication, the Respondent can ask the Claimant or CanDACC to resend the email.
Step 2: Click on the Email Link
To view the Notice of Adjudication, the Respondent must click on the email link that is most appropriate to their situation. When the Respondent clicks on the email link, the Respondent will be taken to CanDACC’s Custom System and asked to sign in (or to create an account). A description of CanDACC’s Custom System and the process for creating an account are provided here: CanDACC’s Custom System.
Note: Throughout CanDACC’s website, references to steps that can be taken by a Claimant or a Respondent on CanDACC’s Custom System (e.g. responding to a Notice of Adjudication and selecting an Adjudicator) may also be taken by Representatives of Claimants or Respondents.
Step 3: Login to CanDACC’s Custom System
To log in to CanDACC’s Custom System, a user must click on the blue “CanDACC Custom System Login” button located at the top right of CanDACC’s website, or they may visit the following link: CanDACC’s Custom System. To login, the user must use the email address and password entered when they created the account.
Step 4: Open the Notice of Adjudication
After following steps 1 through 3, the Respondent will be redirected to a page containing the Notice of Adjudication. A notification will appear on the Respondent’s screen stating, “You have now confirmed receipt of the Notice of Adjudication. Case no. X”.
FAQ: Will CanDACC decide whether a dispute may properly be referred to 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. An Adjudicator can make a determination regarding whether they have jurisdiction or not.
FAQ: I entered into a contract before the Act came into force. Can my dispute be adjudicated?
Information on the transitional provision is available at: Transitional Provision.
For further assistance determining what law applies to a construction project, please consult a construction lawyer.
Selecting an Adjudicator
After the Respondent views the Notice of Adjudication, the next step in the adjudication process is to select an Adjudicator. Please see the following link for instructions on how to select an Adjudicator: Selecting an Adjudicator.
FAQ: What happens if a Respondent does not submit a Respondent’s Adjudicator Selection Form through CanDACC’s Custom System?
For the answer to this question, please refer to the section titled “Adjudicator Appointment if the Respondent Does Not Submit a Respondent’s Adjudicator Selection Form” located here: Selecting an Adjudicator.
Responding to a Notice of Adjudication
In addition to participating in the selection of an Adjudicator, a Respondent is able to respond to the Notice of Adjudication by submitting a Response to Notice of Adjudication through CanDACC’s Custom System.
To respond to the Notice of Adjudication, the Respondent should open the Notice of Adjudication via the email link the Respondent received (as described above at Receiving a Notice of Adjudication). The Respondent should then scroll to the bottom of the Notice of Adjudication page and fill in the required fields in the Response to Notice of Adjudication.
Once the Respondent has completed all the fields on the Response to Notice of Adjudication, the Respondent must select the “Click to Proceed” button. After pressing the “Click to Proceed” button, the following steps will occur:
- The Respondent will view a confirmation message stating that the Response to Notice of Adjudication was successfully created and sent to the Claimant;
- CanDACC will receive a copy of the Response to Notice of Adjudication in electronic format; and
- The Claimant will receive an email stating that the Respondent responded to the Notice of Adjudication.
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.
Participating in the Adjudication Without Completing the Response to Notice of Adjudication
If the Respondent wishes to participate in the adjudication but does not wish to complete the Response to Notice of Adjudication, the Respondent should send an email to support@candacc.ca indicating that they wish to have access to the adjudication via the CanDACC Custom System. CanDACC will invite the Respondent to join the adjudication.
If the Respondent does not complete the Response to Notice of Adjudication, they may not be able to participate in the Adjudicator selection process or to suggest a Pre-Designed Process to the Adjudicator.
Inviting Additional Individuals to the Custom System
Inviting Representatives
If the Respondent has a Representative when the Response to Notice of Adjudication is created, the Respondent may include the Representative’s contact information in the Response to Notice of Adjudication. CanDACC’s Custom System will email the Representative to invite them to create an account on CanDACC’s Custom System once the Response to Notice of Adjudication is created.
If the Representative is retained after the Response to Notice of Adjudication is created, the Respondent may email CanDACC at support@candacc.ca to ask that the Representative be invited to create an account. CanDACC will send the Representative an invitation through CanDACC’s Custom System. After the Representative creates an account, the Representative will have access to the information and documents filed in the adjudication.
Inviting Additional Individuals
The Respondent may give other individuals (i.e. assistants, contract managers, or project managers) access to the documents filed on CanDACC’s Custom System (if granting such access does not breach the Respondent’s confidentiality obligations). After the Response to Notice of Adjudication is created, the Respondent may email CanDACC at support@candacc.ca to ask that an individual be granted access. CanDACC will send that individual an invitation to CanDACC’s Custom System. After that individual creates an account, they will have access to the information and documents filed in the adjudication.
