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ARTICLE · 07 NOVEMBER 2022

Ontario's Construction Dispute Interim Adjudication: Pros And Cons

Miller Thomson
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It has been several years now since Part II.1, Construction Dispute Interim Adjudication, was brought into the Construction Act, RSO 1990 c C.30.

CanadaReal Estate and Construction
Richard K. MacGregor
Richard K. MacGregor
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It has been several years now since Part II.1, Construction Dispute Interim Adjudication ("Adjudication"), was brought into the Construction Act, RSO 1990 c C.30 (the "Act").

As a result of the transition provisions of the Act, it has taken some time for Adjudication to be applicable to ongoing construction disputes since these new provisions only apply to projects in which (i) a Contract for the Improvement was entered into after October 1, 2019, or (ii) the procurement process was commenced by the owner after October 1, 2019. As a result, it is only in recent years that it has become more common to consider the use of Adjudication for payment and other common construction related disputes.

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