A No Stress Guide to Getting Paid
We are here to help you through the Construction Adjudication process in Alberta.
Brought to you by Alberta Trade Contractors Council (ATCC)
Adjudication Process Simplified
Did You Submit a Proper Invoice?
It’s helpful to the adjudicating process if you’ve sent a proper invoice.
Who Are You?
The contractor that starts the adjudication process.
The business owner that receives the Notice of Adjudication.
The licensed individual that is helping resolve the disagreement.
Understand the Timeline for Payment
Legislation requires owners and contractors to adhere to a very specific Adjudication timeline.
The process can take any where from 95-105 days to complete.
Learn about how quickly you need to complete each step of Adjudication from submitting the Notice of Adjudication to getting paid.
Use the Right Forms
Both Applicants and Respondents will be required to fill out many forms over the process of Adjudication.
You can view and download all these forms here.
The Cost of Adjudicators
Although Adjudication can be a cost-effective way of resolving a payment dispute, there are fees associated with the process.
View our fees table to better understand the cost you might incur during this process.
How to Start Adjudication?
Now that you understand the adjudication timeline, how much it costs, and what forms to use, its time to start the Adjudication process.
Find a Adjudicator
Applicants and Respondents will need to agree on an Adjudicator.
Streamline your search and browse our directory of qualified Adjudicators.
Submit Your Documets
Now that you have an Adjudicator, it’s time to submit the initial set of documents to them.
Tell Your Best Story
Clearly outline the timeline of events leading to non-payment, including key communications, contract terms, and any relevant documentation to effectively convey your case.
ARCANA Steps 1-4
Follow the appropriate steps to progress through the adjudication process.
Get a Decision
The Adjudicator delivers to the parties and to the Nominating Authority their written determination of the dispute and a corresponding formal Order.
Ask for a Stop Work Order
Under Alberta legislation, the Adjudicator can issue a stop work order if they find it necessary for the applicant.
A stop work order means work cannot continue with an alternate contractor.
This places additional pressure on the Respondent to issue payment.
The Adjudicator has the power to say yes or no to a request for the stop work order.
How to Collect Your Money
Once you have an order from the adjudicator, you may need assistance in collecting what is owed to you.
If you haven’t received your money after a brief period, you may hire a civil enforcement agency, which will provide you with a Bailiff.
Civil enforcement agencies employ bailiffs to collect on people’s outstanding debts. These include court orders, which are adjudication decisions.
To pay for outstanding debts, bailiffs take away and sell people’s property, such as vehicles, homes, cash, luxury items and jointly-owned possessions.
When bailiffs work, they may be accompanied by sheriffs or police officers as a safety measure.

What is Adjudication?
Adjudication is a form of expedited dispute resolution used primarily in the construction industry to resolve disputes quickly and cost-effectively.
It allows parties involved in a construction contract to address issues, particularly those related to payment, without resorting to lengthy and expensive litigation.

Key Features of Adjudication
Overall, adjudication provides a practical mechanism for resolving disputes in the construction industry, ensuring that cash flow is maintained and projects can continue to progress without significant interruptions.
Speed
The adjudication process is designed to be completed within a short timeframe, typically around 30 days from the submission of all necessary documents. This quick resolution helps keep construction projects on schedule.
Binding Decisions
The adjudicator’s determination is binding on the parties involved, meaning they are required to comply with the decision unless it is successfully challenged in court or suspended.
Independence
An independent adjudicator, usually appointed by a Nominating Authority, reviews the dispute and makes a determination based on the evidence and submissions provided by both parties.
Cost-Effective
Adjudication is generally less expensive than court proceedings, as it involves a streamlined process and shorter timelines.
Focus on Payment Disputes
Adjudication is particularly relevant for disputes related to the valuation of services or materials provided, payment issues, and notices of non-payment.
Less Formal
The adjudication process is typically less formal than court proceedings, allowing parties to represent themselves without the need for legal counsel, although seeking professional advice can still be beneficial.
Adjudication Eligability
Certain situations are not eligible for adjudication under the ATCC Prompt Pay Act. Here are the key factors that can render a dispute ineligible for adjudication:
Situations Eligible for Adjudication
Type of Dispute
The dispute must relate to a construction contract and typically involve issues such as:
- Valuation of services or materials provided under the contract or subcontract.
- Payment issues, including disputes over invoices or notices of non-payment.
- Payment or non-payment of amounts retained as part of major or minor lien funds.
- Any other matters related to the contract or subcontract that the parties agree to refer for adjudication.
No Court Proceedings Initiated
Adjudication is only available if neither party has initiated court proceedings regarding the same dispute. If court action has already been commenced, the matter cannot be referred to adjudication.
Proper Notice
The party seeking adjudication must submit a written Notice of Adjudication to the other party and the relevant Nominating Authority (ARCANA (AB)). This notice must include specific information, such as the names of the parties, a description of the dispute, and the remedies being sought.
Timeliness
The dispute must be referred to adjudication within the timeframes set out in the Act and Regulation. The parties must act promptly to initiate the adjudication process following the occurrence of the dispute.
Contract Compliance
The construction contract in question must comply with the provisions of the ATCC Prompt Pay Act. All new construction contracts signed after August 29, 2022, must adhere to the Act and Regulation.
Agreement to Adjudicate
If the dispute involves a contract that was entered into before August 29, 2022, and is still in effect, the parties must agree to amend the contract to comply with the Act if it will remain in effect for longer than two years after that date.
Situations Not Eligible for Adjudication
Court Proceedings Initiated
If either party has already initiated court proceedings regarding the same dispute, the matter cannot be referred to adjudication. Adjudication is only available when there are no ongoing litigation processes.
Non-Construction Related Disputes
Disputes that do not arise from a construction contract or do not relate to construction work, services, or materials are not eligible for adjudication. The process is specifically designed for construction industry disputes.
Failure to Submit Proper Notice
If the party seeking adjudication does not provide a proper Notice of Adjudication that meets the requirements set out in the Act and Regulation, the adjudication may be deemed ineligible. The notice must include essential information such as the nature of the dispute and the parties involved.
Expired Timelines
If the party does not initiate the adjudication process within the prescribed timeframes set forth in the Act and Regulation, the dispute may not be eligible for adjudication. Timeliness is crucial for maintaining eligibility.
Ineligible Types of Disputes
Certain issues, such as those related to the merits of an adjudicator’s decision or matters that fall outside the scope of the construction contract, may not be eligible for adjudication. For example, disputes regarding professional negligence or the reasonableness of an adjudicator’s decision on costs are not suitable for adjudication.
Non-Compliance with the Act
If the construction contract in question does not comply with the provisions of the ATCC Prompt Pay Act, such as contracts entered into prior to August 29, 2022, that have not been amended to include adjudication provisions, those disputes may not be eligible.
Disputes Already Resolved
If the parties have already reached a resolution or settlement regarding the dispute, it would no longer be eligible for adjudication.
Proper Invoice
A proper invoice must include:
- A description of the work or services done or materials furnished during the invoicing period;
- The amount due and owing; and
- Information identifying the authority, whether in a written or verbal contract, under which the work or services were performed or material were furnished.
You can agree in your contract to add requirements to the proper invoice as long as those additional requirements do not contradict the requirements of legislation.
Forms Required During Adjudication
Notice of Adjudication
Initiates the Adjudication Process
Application for the Appointment of a Construction Adjudicator in Alberta
Forms 1-15
Prompt Payment and Construction Lien Act
Form 1
Owner’s Notice of Dispute
Form 2
Contractor’s Notice of Non‑payment
Form 3
Contractor’s Notice of Non‑payment Dispute
Form 4
Subcontractor’s Notice of Non‑payment
Where Contractor Does Not Pay
Form 5
Subcontractor’s Notice of Non‑payment Dispute
Form 6
Statement of Lien
Form 7
Statement of Lien on
Interest in Crown Minerals
Form 8
Affidavit Verifying Claim
Form 9
Affidavit Verifying Claim
(by two‑way videoconferencing)
Form 10
Affidavit Verifying Claim
by Other Than Lienholder
Form 11
Affidavit Verifying Claim
by Other Than Lienholder
(by two‑way videoconferencing)
Form 12
Notice of Change of Address for Service
Form 13
Certificate Of Lis Pendens
Form 14
Discharge of Lien
Form 15
Notice To
Prove Lien
Forms 1-5
Forms 1-15
Prompt Payment and Construction Lien Act
Form 1
Owner’s Notice of Dispute
Form 2
Contractor’s Notice of Non‑payment
Form 3
Contractor’s Notice of Non‑payment Dispute
Form 4
Subcontractor’s Notice of Non‑payment
Where Contractor Does Not Pay
Form 5
Subcontractor’s Notice of Non‑payment Dispute
Cost of Adjudication
Appointment Fee
If the Adjudicator has Been Agreed Upon
(Includes Certification of the determination and order) See Note 1
$250 +gst
Appointment Fee
If the Adjudicator has NOT Been Agreed Upon
(Includes Certification of the determination and order) See Notes 2 & 3
$500 +gst
Adjudicator Max Hourly Rate
See Note 4
$200 +gst
Adjudicator Fee Cap
See Note 4
$2,500 +gst
Adjudicator % of Total Fee Paid to NA
10%
Appointment Fee
If the Adjudicator has Been Agreed Upon
(Includes Certification of the determination and order) See Note 1
$500 +gst
Appointment Fee
If the Adjudicator has NOT Been Agreed Upon
(Includes Certification of the determination and order) See Notes 2 & 3
$1,000 +gst
Adjudicator Max Hourly Rate
See Note 4
$300 +gst
Adjudicator Fee Cap
See Note 4
$5,000 +gst
Adjudicator % of Total Fee Paid to NA
15%
Appointment Fee
If the Adjudicator has Been Agreed Upon
(Includes Certification of the determination and order) See Note 1
$1,250 +gst
Appointment Fee
If the Adjudicator has NOT Been Agreed Upon
(Includes Certification of the determination and order) See Notes 2 & 3
$2,500 +gst
Adjudicator Max Hourly Rate
See Note 4
$400 +gst
Adjudicator Fee Cap
See Note 4
No Cap
Adjudicator % of Total Fee Paid to NA
20%
Appointment Fee
If the Adjudicator has Been Agreed Upon
(Includes Certification of the determination and order) See Note 1
$3,500 +gst
Appointment Fee
If the Adjudicator has NOT Been Agreed Upon
(Includes Certification of the determination and order) See Notes 2 & 3
$7,000 +gst
Adjudicator Max Hourly Rate
See Note 4
As negotiated with the Adjudicator
Adjudicator Fee Cap
See Note 4
No Cap
Adjudicator % of Total Fee Paid to NA
20%
Appointment Fee
If the Adjudicator has Been Agreed Upon
(Includes Certification of the determination and order) See Note 1
$5,000 +gst
Appointment Fee
If the Adjudicator has NOT Been Agreed Upon
(Includes Certification of the determination and order) See Notes 2 & 3
$10,000 +gst
Adjudicator Max Hourly Rate
See Note 4
As negotiated with the Adjudicator
Adjudicator Fee Cap
See Note 4
No Cap
Adjudicator % of Total Fee Paid to NA
20%
Notes
- Appointment Fee: The appointment fee is non-refundable.
- Payment Requirements: Full payment of the Column B Appointment Fee is required at the time of application unless the parties have agreed on an adjudicator OR are confident that they will be able to agree on an adjudicator within 4 days. Should the applicant elect to pay the lesser amount (Column A) at the time of application, and if the parties are not able to agree on an adjudicator within 4 days, then the balance owing for Column B is required on day 4.
- Refunds: If the applicant has paid in accordance with Column B and the parties then mutually agree on an adjudicator within the 4 days allotted, a 50% refund will be issued.
- Maximum Hourly Rates and Fee Caps: Maximum hourly rates and fee caps are binding unless both parties and the adjudicator agree to change them.
- Retainer Fee: The adjudicator may request a reasonable retainer fee at the outset. Note that the adjudicator has the authority to allocate the total cost of the adjudication equally or unequally between the parties as part of the final Determination & Order, regardless of which party or parties paid the Appointment Fee and/or retainer.