Disputed Invoice(s)? Claims For Delays? Claims For Materials? Claims For Services?

The GeoFocus Group’s President and Chief Construction Manager, Adam Altobelli was recently appointed to the ODACC roster of adjudicators as an ODACC Certified Adjudicator.  With 20+ years of experience in the construction, litigation support, expert witness and distressed/dysfunctional project recovery fields Adam will be utilizing his expertise to assist/support Owners/Developers and Contractors/Subcontractors to navigate the Construction Act; specifically with respect to prompt payment, disputed invoices and the adjudication process.

In the face of crisis and uncertainty, Adam can provide the leadership, experience and technical expertise to assist/support you with your Prompt Payment and or Adjudication requirements.

How Can We Assist With Your Construction Dispute?

• Proper Invoice Preparation / Submission / Analysis
• Invoice Dispute Coordination / Review / Management
• Notice of Non-Payment Assistance for Contractors / Subcontractors / Vendors and or Suppliers
• Adjudication Consulting / Representation

How Does The Prompt Payment, Dispute & Adjudication Process Work?

What Types of Construction Disputes can be Referred to Adjudication?

Section 13.5 of the Construction Act lists the types of construction disputes that can be the subject matter of an adjudication:

13.5 (1) Subject to subsection (3), a party to a contract may refer to adjudication a dispute with the other party to the contract respecting any of the following matters:

The valuation of services or materials provided under the contract.

1. 1. 1. Payment under the contract, including in respect of a change order, whether approved or not, or a proposed change order.
      2. Disputes that are the subject of a notice of non-payment under Part I.1.
      3. Amounts retained under section 12 (set-off by trustee) or under subsection 17 (3) (lien set-off).
      4. Payment of a holdback under section 26.1 or 26.2.
      5. Non-payment of holdback under section 27.1.
      6. Any other matter that the parties to the adjudication agree to, or that may be prescribed.

Who Can Refer a Dispute for Adjudication?

Those in a construction contract can refer disputes to adjudication, such as claims for delays, materials, services, and so on. While the adjudication sections of the Act are focused on your legal obligations, your accounting systems need to support, not hinder, the adjudication process.

Adjudication is a very fast dispute resolution mechanism for payment or change disputes. An owner, a contractor or subcontractor can commence it. The timelines for responding to a notice of adjudication are extremely short: two days to respond to a notice of adjudication for the selection of an adjudicator, five days from the appointment of the adjudicator for the first submission of documents, and 30 days for a determination by the adjudicator. If a payment is required after adjudication, it must be paid within seven days.

Prompt Payment Resources:

The Ontario Construction Act: Prompt Payment and Adjudication Information

Prompt Payment: What You Need to Know

Canadian Prompt Payment and Construction Law Reforms

BILL 142 – Ontario Construction Lien Act Amendment – Are Your Accounting Systems Ready?

For further information on The GeoFocus Group’s Construction Adjudication & Prompt Payment Support capabilities, please contact:

Adam Altobelli
President
T. 416.622.0456 X 222
E. adam@thegeofocusgroup.com