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ARTICLE · 25 JULY 2022

Enforcing An Adjudicator's Order

Blaney McMurtry LLP
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You were successful in an Adjudication under the Construction Act, and now want to know how to enforce the Order.

CanadaReal Estate and Construction
Chad Kopach
Chad Kopach
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Congratulations! You were successful in an Adjudication under the Construction Act, and now want to know how to enforce the Order. Unfortunately, and unless the losing party makes payment promptly, this means some additional time (and costs) before you are (hopefully) able to collect.

The Construction Act provides some minimal guidance on how to enforce an Adjudicator's Order. It says that a certified copy can be filed with the court. On filing, the Determination is enforceable as if it were an order of the court.

The Construction Act gives the losing party a 10-day window to pay. However, there is nothing in the Act that requires the winning party to wait the 10 days before filing the Order. On receipt of the Order from ODACC, it is good practice to immediately send a demand letter reminding the losing party of the 10-day window, and at the same time have the Order filed with the court. Once filed, a second letter will need to go to the losing party within 10

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