So You Received An Adjudication Determination: What Comes Next?

Adjudication, a quick method meant to achieve interim binding resolution of construction disputes, was introduced to the construction industry as one of the key amendments to Ontario's Construction Act on October 1, 2019. There has been much discussion in the industry regarding its application and processes in order to prepare industry participants for navigating the adjudication itself, but less attention has been paid to what comes after. In this post, we discuss six key considerations that parties to an adjudication will want to keep top of mind if they have received a determination from an adjudicator under the Construction Act.

1. Check for errors in the determination

An adjudication determination will be admissible as evidence in court proceedings. The determination by an adjudicator is binding on the parties until a determination of the matter by a court and, as such, it is important to ensure that the decision is accurate and does not contain any