Adjudication under Ontario's Construction Act is a dispute resolution process that allows parties involved in a construction project to resolve their disagreements in a timely and cost-effective manner.
Adjudication is intended to provide a quicker alternative to traditional litigation or arbitration, and is often used to resolve issues such as payment disputes, scope of work disputes, and delays.
The adjudication process involves the appointment of an adjudicator, who is a neutral third party with expertise in construction law and dispute resolution. The adjudicator is responsible for reviewing evidence and making a binding decision on the dispute within a strict timeline.
A lawyer can assist parties involved in a construction project in several ways when it comes to adjudication under Ontario's Construction Act. Here are a few examples:
Advise on the merits of adjudication: A lawyer can help a party understand whether adjudication is the best option for resolving a dispute, given the specific circumstances of their case.
Help prepare for adjudication: A lawyer can help a party prepare their case for adjudication by gathering evidence, drafting submissions, and presenting arguments.
Represent a party in adjudication: A lawyer can represent a party in adjudication proceedings, making arguments on their behalf and advocating for their position.
Enforce adjudication decisions: If a party is successful in adjudication, a lawyer can assist with enforcing the adjudicator's decision and collecting any amounts owing.
Overall, a lawyer can provide valuable guidance and assistance to parties involved in construction disputes in Ontario, helping them to navigate the complex adjudication process and achieve a favourable outcome.