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Adjudication of Construction Claims

2019 Harvey J. Kirsh

The following note has been posted to this website by Harvey J. Kirsh, the First President of the College and the Founding Editor-in-Chief of the Construction Law Letter:

Ten years ago, my article on “Adjudication in the Construction Industry” was published in The Lawyers Weekly.  In it, I reviewed the apparent success of the U.K. model of Statutory Adjudication in overcoming a myriad of problems of delays and excessive expense arising out of the resolution of construction claims in Great Britain and Northern Ireland.  I concluded that “If this expedited process for the resolution of construction disputes lives up to its expectations, it may only be a matter of time before the adjudication model is adopted for use in Canadian construction contracts”.  

Fast forward to today.  The recent enactment of the Construction Act in Ontario not only introduced the concept of “prompt payment”, but, as a supplement to traditional lien legislation, also imported the concept of Construction Adjudication, which, as you might expect, is intended to facilitate the speedy and cost-effective resolution of construction claims.  

In this context, I am posting a copy of the November/December 2019 issue of the Construction Law Letter (published by LexisNexis), which includes the first of two installments of articles describing and reviewing aspects of the Adjudication of Construction Claims.  The first article, “Construction Adjudication: An Overview”, is by Howard Krupat and Emma Cosgrove.  The second article, which addresses the transition from the former to the new legislation, was written by Brendan Bowles and Brandon Keshen.  And the third article by Robert Bales is entitled “The Role and Function of the Adjudication Nominating Authority”.

The second issue (which will be posted on this site in the near future) will include articles dealing with the appointment and training of adjudicators; their authority and jurisdiction in rendering their decisions (called “determinations”); the enforcement and possible judicial review of those decisions; and a brief overview of relevant U.K. case law on how the Technology and Construction Court (part of Senior Courts of England and Wales) has protected adjudicators’ decisions.

... Click here for the November/December 2019 issue of the Construction Law Letter (Volume 36, Issue 2)

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