Adjudication

The Construction Contracts Act allows for a dispute process called adjudication, to be the first option if negotiation fails. It involves a thirty-day formal process during which the claimant appoints and adjudicator, and the respondent cannot opt out. The process is designed mainly for payment disputes, but it can also be used for workmanship disputes and is expected to become the normal dispute resolution method in the Construction Industry.

The adjudicator's decision, called a determination, is binding and enforceable by the courts. An unsatisfied party may only appeal an adjudication after complying with the determination. The adjudication is subject to confidentiality, except by mutual consent or if the information is already in the public domain.

The disadvantage of both mediation and adjudication is that the faults are not published to the roofing industry, who should be able to learn from the mistakes of the past.

Where the amount in question is under $7,500, or $12,000 by agreement with the other party, an alternative method is to file the complaint with the Disputes Tribunal. The parties usually represent themselves, without lawyers, and a compromise outcome is sought by a referee. This method of settlement gives no assurance of an equitable outcome or that the outcome will be based on technical grounds; the main purpose of this court is to seek agreement between the parties.