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.
Resignation Page
After the Parties and the Adjudicator negotiate the Adjudication Fee, or after CanDACC sets the Adjudication Fee, the Parties will receive an email asking them to log in to CanDACC’s Custom System to view the Adjudication Fee.
If the Parties and the Adjudicator agreed on an Adjudication Fee, the Parties will be asked to indicate their consent to the Adjudication Fee amount. Once all the 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 CanDACC set the Adjudication Fee, the Parties will be required to pay the fee. Once the fee has been paid, CanDACC will close the file.
Adjudicating Following an Adjudicator’s Resignation
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 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.