Construction adjudication: fast, interim-binding dispute resolution
Adjudication is a rapid dispute-resolution process built into prompt-payment law. A party refers a payment dispute to an adjudicator, who issues a binding determination on a tight timetable. The determination is interim-binding: it must be complied with now, even if either party later challenges it in court or arbitration.
Because the timetable is short and the determination is enforceable, the strength of the documentary record usually decides the outcome.
How a dispute is referred
A claimant gives notice of adjudication and the parties either agree on an adjudicator or one is appointed by the authorized nominating authority. The claimant then delivers its documents to the adjudicator within a short window.
The adjudicator's timetable
Once the adjudicator has the claimant's materials, the determination must be issued within a fixed number of days. The period can sometimes be extended by consent, but the default is deliberately fast so cash keeps moving on the project.
Comply first, argue later
An amount ordered by an adjudicator must be paid within a strict compliance window. Failing to pay can entitle the other side to suspend work and pursue enforcement. A party that disagrees can still pursue litigation or arbitration, but must pay the determined amount in the meantime.
When a dispute escalates, Tiercord assembles every related artifact into a chronological brief and an exhibit pack with hash metadata.
Adjudication, by province
The model above is common to the provinces that have enacted prompt payment. The law, its status and the exact day-counts, citations and forms are provincial. Pick yours:
Frequently asked questions
Is an adjudicator's determination final?
It is interim-binding. It must be paid and complied with immediately, but a party can still take the underlying dispute to court or arbitration afterward.
How fast is adjudication?
Much faster than litigation. After the adjudicator receives the claimant's documents, the determination is typically due within a fixed period of around 30 days, subject to limited extensions.