Construction Adjudication in Nova Scotia
Under the Builders' Lien Act (prompt payment and adjudication amendments, SNS 2019, c. 12 and SNS 2022, c. 43), RSNS 1989, c. 277 (am. SNS 2019, c. 12 and SNS 2022, c. 43, not proclaimed)
Adjudication gives Nova Scotia construction parties a fast, interim-binding decision on a payment dispute, administered by the nominating authority to be designated when the regulations issue. The determination must be complied with immediately, even if a 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.
Nova Scotia adjudication deadlines
The statutory clocks for this topic in Nova Scotia, with section citations.
| Clock | Value | Statute |
|---|---|---|
Adjudication referral window Time after the contract is complete to refer a dispute to adjudication. Refer later and the referral is a nullity. NS Builders' Lien Act Section 4J (SNS 2019, c. 12; re-enacted SNS 2022, c. 43, Section 7), Sections 4L-4M; commencement by regulation under Section 48 | 90 days after completion | NS Builders' Lien Act Section 4J (SNS 2019, c. 12; re-enacted SNS 2022, c. 43, Section 7), Sections 4L-4M; commencement by regulation under Section 48 |
Adjudicator determination Days for the adjudicator to issue a binding determination after receiving the claimant's documents. NS Builders' Lien Act Section 4J; procedure by regulation under Section 48 | 30 days | NS Builders' Lien Act Section 4J; procedure by regulation under Section 48 |
Comply with determination Days to pay an amount ordered by an adjudicator. NS Builders' Lien Act Section 4N (SNS 2022, c. 43); payment and enforcement by regulation under Section 48 | 10 days | NS Builders' Lien Act Section 4N (SNS 2022, c. 43); payment and enforcement by regulation under Section 48 |
How a dispute is referred in Nova Scotia
A claimant gives notice of adjudication and an adjudicator is appointed by the authority Nova Scotia will designate when its regulations issue.
By when a dispute has to be referred in Nova Scotia
Nova Scotia allows 90 days after the contract is complete to refer a dispute to adjudication (NS Builders' Lien Act s. 4J (SNS 2019, c. 12; re-enacted SNS 2022, c. 43, s. 7), ss. 4L-4M; commencement by regulation under s. 48(u), (z)). A referral delivered after that window is a nullity: the adjudicator has no jurisdiction, whatever the merits of the payment claim.
The adjudicator's timetable
Once the adjudicator has the claimant's materials, the determination is due within 30 days (NS Builders' Lien Act s. 4J; procedure by regulation under s. 48(z) (SNS 2019, c. 12; SNS 2022, c. 43)). The period can sometimes be extended by consent, but the default is deliberately fast so cash keeps moving on the project.
Comply within 10 days
An amount ordered by an adjudicator must be paid within 10 days (NS Builders' Lien Act s. 4N (SNS 2022, c. 43); payment and enforcement by regulation under s. 48(zd)). Failing to pay can entitle the other side to suspend work and pursue enforcement. A party that disagrees can still litigate or arbitrate, but must pay the determined amount in the meantime.
Adjudication in Nova Scotia: FAQ
Who administers construction adjudication in Nova Scotia?
Nova Scotia has not yet designated its nominating authority; it will be named when the regulations are published.
By when must a dispute be referred to adjudication in Nova Scotia?
90 days after the contract is complete (NS Builders' Lien Act s. 4J (SNS 2019, c. 12; re-enacted SNS 2022, c. 43, s. 7), ss. 4L-4M; commencement by regulation under s. 48(u), (z)). After that the referral is a nullity.
How long is there to comply with an adjudicator's determination in Nova Scotia?
10 days (NS Builders' Lien Act s. 4N (SNS 2022, c. 43); payment and enforcement by regulation under s. 48(zd)) after the determination is issued. The determination is interim-binding, so it must be paid even if the underlying dispute later goes to court.
See the full Nova Scotia guide
Every deadline, notice and adjudication rule in one place.