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
Respondent Requesting to Terminate the Adjudication
To obtain the Claimant’s consent to terminate the adjudication, a Respondent 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 Claimant will receive an email informing them that the Respondent 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 Claimant responds to the request, the Respondent 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 Claimant rejects the termination request, the adjudication will proceed.
Claimant Requesting to Terminate the Adjudication
If the Claimant initiates a termination request, the Respondent will receive an email stating that the Claimant wants to terminate the adjudication. Once the Respondent logs in to CanDACC’s Custom System, the Respondent 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 Respondent 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 Fee Schedule 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.
