Prompt Payment and the Mechanics of Construction Adjudication in Ontario

This course will introduce you to the new rules of prompt payment under the law coming into effect in October 2019 and at the field and contract administration level. Additionally, participants will receive an overview of the mechanics of the adjudication process including dates, timelines and how the roster of adjudicators will function. When adjudication will automatically trigger, and when it can be used voluntarily to settle a dispute regarding payment or any other contemplated reason in contract.

The course will offer and introduce the participants to the legal forms that will be required in order to give notice of non-payment, as well we will explore the first ever flow chart to follow how all of the forms are to be used, and when and by whom. Participants will also receive the flow chart and a copy of the new portions of the Construction Act governing the construction payment pyramid including Prompt Payment and Adjudication.

Learning Outcomes

Upon successful completion of this course participants will be able to:

  • Understand the rules of payment or non-payment on day 14 following receipt of a proper invoice. What and how is a proper invoice generated and between whom
  • Understand when adjudication is either automatically or voluntarily triggered
  • Gain an understanding of who this new law and regulation applies to
  • Learn about the Authorized Nominating Authority, timelines for adjudication and costs associated with adjudication.
  • Explore some of the work arounds that have been allowed for in the legislation and how they may benefit or hinder payment outcomes.

Who should attend

ANY buyer of construction services, controllers, paralegals, general contractors, subcontractors, architects, engineers and quantity surveyors, interior designers and technologists and technicians

June 5, 2020
Fri. 8:30am – 4pm
TCA, 70 Leek Cres. Richmond Hill, Ontario
Derek A. Smith and Marcel Mongeon
TCA member:
INSTRUCTOR: Derek A. Smith

A former construction association executive in Ontario, Derek has been serving the Canadian ICI and residential construction sector for 25 years. Since 2013, he delivered over 150 courses to over 2000 attendees. He has mediated disputes in excess of $300K value. His growing firm Constructionlab maintains memberships with the Toronto Construction Association, and TechAlliance of Southwestern Ontario.

INSTRUCTOR: Marcel Mongeon

With over 25-years experience in mediating and arbitrating complex commercial, construction, civil and personal injury cases including IT and IP cases, Marcel serves as a Deputy Judge, Ontario Small Claims Court, Hamilton and is currently undergoing the intake process to become a rostered adjudicator.