Ontario Dispute Adjudication for Construction Contracts releases 2023 annual report

Over 200 adjudications were commenced at ODACC in 2023

Ontario Dispute Adjudication for Construction Contracts releases 2023 annual report

The Ontario Dispute Adjudication for Construction Contracts (ODACC) has recently published its fourth annual report, highlighting the rapidly increasing construction adjudication in Ontario.

ODACC is the authorized nominating agency under the Ontario Construction Act and is responsible for administering construction-related adjudications, training, and qualifying adjudicators. The number of adjudications initiated in 2023 doubled from last year. According to ODACC director Elise Teitler, contractors, subcontractors, businesses, and other individuals have elected to use the adjudication process to resolve their disputes so that their conflicts can be resolved in a streamlined, timely, and cost-effective manner.

The latest annual report is supported by statistics for the 2023 fiscal year, which ran from August 1, 2022, to July 31, 2023. The report shows that parties have commenced 269 adjudications at ODACC, and adjudicators have rendered 161 determinations and terminated 80 adjudications in 2023. An ODACC custom online computer system helped administer all adjudications.

The sectors within the construction industry which benefitted the most from adjudication are residential, with 34 percent responses, and commercial, with 30 percent responses. The total amount claimed in adjudications was approximately $69 million, with an average amount of $256,000 per determination across all sectors.

“Adjudication benefits all disputants as it allows them to resolve their disputes in a condensed time frame,” Teitler said. “ODACC, along with other construction community members, continue to work together to provide information and education about the adjudication process and how to use it to resolve disputes.”

In 2023, ODACC continued to offer a two-day educational course on adjudication to individuals seeking to become Certified ODACC Adjudicators and to parties and representatives seeking to learn more about adjudication. Certified ODACC adjudicators participated in the Continuing Education Training Program conducted by the Stitt Feld Handy Group.

Teitler emphasized that ODACC’s 2023 fiscal year demonstrated that adjudication is growing quickly in Ontario, proving to be a viable dispute resolution process. ODACC expressed its commitment to assisting the construction industry, parties, and representatives in resolving their disputes through adjudication. The fourth annual report is available on ODACC’s website.

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