As construction industry participants become more comfortable
with the use of Construction Act adjudications as a
means to resolve disputes during the lifespan of a project,
questions as to the methods of enforcing of determinations have
become common.
I. Filing a determination
Section 13.20 of the Act provides that a party to an
adjudication may, within two years of the later of the
communication of the determination or the completion of any
application for judicial review thereof, file a certified copy of
the determination with the court. The determination may be filed
electronically, and, upon filing, is enforceable as if it were an
order of the court.
The filing party will be required to provide the court with a
copy of the certified determination, requesting that it be
"issued and entered" as if it were an order of the court,
pursuant to section 13.20 of the Act and in accordance
with Rules 59.04 and 59.05. When filing, it is helpful to assist
the court,
