b'services such as mediation, arbitrationOnly projects that have been procuredMollenhauer says. It is incumbent on every and investigation, the Toronto-basedand contracted after October 1 willcontractor to become familiar with the company has been in operation for thebe eligible for adjudication, and therequirements of Bill 142, particularly with past 20 years and employs top mediators,adjudicators will only be able to be hiredregard to what a proper invoice is and what arbitrators, retired judges and lawyers.after the contract has started. So Ackerleya payment schedule is, how they have to get They are an excellent choice. Theyvenotes we shouldnt expect to see a floodall their paperwork together, and what the got lots of experience, theyre veryof adjudications from the get-go: Therespayment process is.professional and they will do an excellenta lot to get into place; its going to be very job, says Mollenhauer.tight to process applications of interestedTCA has organized workshops on the topic adjudicators and train them. and is working with WeirFoulds to create The announcement was a very welcomea new, updated Laymans Guide on the one, agrees Ian Cunningham, presidentThat sentiment is shared by Mollenhauer.Construction Lien Act in Ontario. It is of the Council of Ontario ConstructionThere wont suddenly be hundreds ofsubstantially completed but we held it back Associations (COCA). I cant think ofadjudications on October 2, says the TCAbecause the most complicated parts of the anybody in Canada whos better equippedpresident. We know from experienceOntario Construction Act are the two new to do this than ADR Chambers, and therethat when the adjudication processpieces that will come into effect on October seems to be an adequate amount of timewas brought into places like the U.K.1, says Mollenhauer. Once there is clarity to gather everything in by October 1. and Australia, the process took someabout what that process will look like, we time. That takes a little pressure off,may want to include it in our Laymans LONG TIME because the pool of adjudicators doesntGuide, which will be available to members The July announcement represents butnecessarily need to be at its full size onfor October 1.one stage of a process that has beenOctober 1.ongoing for many years. As most inConstruction professionals can also download the industry know, in 2017 the OntarioAlso important to note is that mostan app called Pay Prompt that was developed government passed Bill 142 (now knownadjudications will be limited to writtenby legal experts at WeirFoulds. As well, there as the Construction Act) as well as varioussubmissions without a hearing. This isis a slide deck with voiceover on the COCA one aspect of the planned process thatwebsite that addresses the timeline. It was regulations under its authority in orderMollenhauer says the public hasntcreated by Ted Dreyer, a lawyer with Madorin, to modernize the construction-lien andwrapped its head aroundand certainlySnyder LLP. holdback rules, ensure prompt paymentour members. Also, once the system is for workers, and provide a means toin place, it is unlikely that many decisionsRegarding the timeline, the recent resolve payment disputes in an efficientwill be appealed, based on how theannouncement de facto confirms the and timely manner.adjudication process has worked in original timetable for moving ahead with other countries.the long-awaited prompt-payment regime, Its been a long time in coming, sayswhich is also welcome news. When the Cunningham. My association and PromptCHANGING WORLD announcement was made, the Attorney Payment Ontario have been workingNonetheless, for an industry typicallyGeneral made it crystal-clear that we aresince 2011 to come up with a fair andslow to evolve, it now has to preparefull speed ahead and sticking to ourreasonable solution. The former Liberalfor something that, in Mollenhauersoriginal schedule, Mollenhauer says. government engaged Bruce Reynoldswords, is going to change our world.They have just snuck under the wire so and Sharon Vogel to conduct a reviewConstruction professionals should beits challenging, but its doable. Now were of what was the former Constructiondoing their due diligence to prepare.looking forward to the Ontario government Lien Act and to take into account theOur members would do well toliving up to their issues surrounding prompt paymentprepare themselves for the Ontariocommitment to that had come up. Bruce and SharonConstruction Act to mitigate the riskdelivering the deserve a tremendous amount of credit;that they will be unpreparedrest on they were able to strike a reasonableand that it will ultimatelyOctober balance in their recommendations that allcost them time or money,1.stakeholders were able to live with.While there has been a long lead time since the passage of the act, Glenn Ackerley, partner and chair of the WeirFoulds LLP Construction Law Practice Group, points out that there were sound reasons for this. First, its allowed everyone in the industry, from owners to contractors, design consultants and suppliers, to get educated and learn what the new rules are before they come into effect, he says. Second, it allowed the government to go out to market, get proposals and ultimately choose an ANA.BUILDERSDIGEST Quarter 2 201917'