What are the Timelines?
As with Prompt Payment Requirement, the Construction Act provides very strict timelines for the adjudication process. Each party has 21 days from date of issue or receipt of "Notice of Non-Payment" to issue a "Notice of Adjudication". Both Parties than have four days within which to agree on an Adjudicator. If there is no agreement, the referring party requests that an authority appoint an Adjudicator. Therefore, from issue of "Notice of Adjudication" a Adjudicator is appointed within 11 days. The Referring Party than has 5 days within which to submit documents it intends to rely on along with a copy of a contract or subcontract. The responding party may reply in writing within a time-frame directed by the Adjudicator. Once both parties submitted their documents, the Adjudicator is required to make his or her Determination in writing with reasons within 30 days, unless all Parties and Adjudicator agree to different timelines. For a visual representation of these time-frames, refer to our cheat sheet.