Construction Adjudication in Ontario
Under the Construction Act, R.S.O. 1990, c. C.30
Adjudication gives Ontario construction parties a fast, interim-binding decision on a payment dispute, administered by Ontario Dispute Adjudication for Construction Contracts (ODACC). 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.
Ontario adjudication deadlines
The statutory clocks for this topic in Ontario, 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. Ont. Construction Act Section 13.5 | 90 days after completion | Ont. Construction Act Section 13.5 |
Adjudicator determination Days for the adjudicator to issue a binding determination after receiving the claimant's documents. Ont. Construction Act Section 13.13 | 30 days | Ont. Construction Act Section 13.13 |
Comply with determination Days to pay an amount ordered by an adjudicator. Ont. Construction Act Section 13.19 | 15 days | Ont. Construction Act Section 13.19 |
How a dispute is referred in Ontario
A claimant gives notice of adjudication and the parties either agree on an adjudicator or one is appointed by Ontario Dispute Adjudication for Construction Contracts (ODACC). The claimant then delivers its materials to the adjudicator within a short window.
By when a dispute has to be referred in Ontario
Ontario allows 90 days after the contract is complete to refer a dispute to adjudication (Ont. Construction Act s. 13.5(3) (s. 13.5(3.1) for a subcontract)). 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 (Ont. Construction Act s. 13.13). The period can sometimes be extended by consent, but the default is deliberately fast so cash keeps moving on the project.
Comply within 15 days
An amount ordered by an adjudicator must be paid within 15 days (Ont. Construction Act s. 13.19(2)). 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. When a dispute escalates, Tiercord assembles every related artifact into a chronological brief with hash metadata.
Adjudication in Ontario: FAQ
Who administers construction adjudication in Ontario?
Ontario Dispute Adjudication for Construction Contracts (ODACC).
By when must a dispute be referred to adjudication in Ontario?
90 days after the contract is complete (Ont. Construction Act s. 13.5(3) (s. 13.5(3.1) for a subcontract)). After that the referral is a nullity.
How long is there to comply with an adjudicator's determination in Ontario?
15 days (Ont. Construction Act s. 13.19(2)) 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 Ontario guide
Every deadline, notice and adjudication rule in one place.