ODACC 90-Day Adjudication Deadline

ODACC 90-Day Adjudication Deadline

Fast-Fact Summary

• Governing Agency: Ontario Dispute Adjudication for Construction Contracts (ODACC)
• Form, Bylaw, or Regulation: Construction Act, R.S.O. 1990, c. C.30 (Interim binding adjudication timing)
• Effective/Current Anchor: Ontario Construction Act amendments in force January 1, 2026, through Bill 216 and Bill 60
• Direct Portal or Source: https://odacc.ca/

Mandatory Scope

This requirement applies to all parties operating under a construction contract in Ontario, including owners, general contractors, subcontractors, and trade contractors. Regardless of worker counts, project values, or specific trade licence categories, any party seeking to resolve a payment or contract dispute through the interim binding adjudication process must adhere to this timeline. Eligible disputes include those concerning proper invoices, payment certificates, holdbacks, or the valuation of services and materials.

Deadlines & Administrative Windows

Compliance officers must align project closeout and dispute tracking with the following strict statutory timelines:

• Adjudication Window: Parties have a strict 90-day window after contract completion, abandonment, or termination to initiate interim binding adjudication through ODACC or a qualified private adjudicator.
• 7-Day Invoicing Rule: Invoices are legally deemed proper unless the owner delivers a formal written notice of deficiency within 7 days after receiving the invoice. Missing this 7-day notice window forfeits the right to dispute invoice form or structure and starts the 28-day prompt-payment timeline.
• Mandatory Annual Holdback: For contracts extending beyond one year, owners must publish a Notice of Annual Release of Holdback (Form 6) on an electronic construction trade news website within 14 days after each contract anniversary. Payment of the accrued basic holdback must occur no earlier than day 60 and no later than day 74 after publication, provided no liens are preserved.
• Repeal of Section 27.1: The former section 27.1 notice-of-non-payment mechanism for refusing holdback distribution due to deficient or incomplete work is repealed. Holdback use is restricted to formal contract abandonment or termination scenarios and preserved lien risk.

Financial & Legal Liability

Failing to initiate adjudication within the mandatory timeframe carries significant operational and financial risks:

• Loss of Interim Remedy: Missing the 90-day adjudication window removes the fast, interim binding dispute-resolution path, forcing parties to escalate disputes through slower and more expensive court litigation or formal arbitration.
• WSIB Premium Rates (2026): While separate from Construction Act penalties, employers must maintain compliance with WSIB premium obligations to avoid additional corporate liability. The average WSIB premium rate is $1.23 per $100 of insurable payroll (down from $1.25 per $100 of insurable payroll).
• G6 Non-Residential Construction Rate: $1.61 per $100 of insurable payroll.
• 2026 Maximum Insurable Earnings Ceiling: $121,700.

Step-by-Step Filing Instructions

• Step 1: Track Project Status: Document and verify the exact date of contract completion, abandonment, or termination to establish the start of the 90-day adjudication window.
• Step 2: Access the ODACC Portal: Log into the electronic registry at https://odacc.ca/ to initiate the dispute process.
• Step 3: Draft the Notice of Adjudication: Complete the electronic form specifying the nature of the dispute, the contract details, the amount in dispute, and the proposed adjudicator.
• Step 4: Serve the Notice: Submit the notice through the ODACC system and serve it on the responding party within the contractually or statutorily required timelines.
• Step 5: Maintain Project Records: Retain copies of all proper invoices, 7-day deficiency notices, Form 6 publications, and proof of service within the corporate compliance file.

2026 Inspection Notes

For 2026 construction compliance context, pay close attention to working-at-heights training records, trenching and excavation controls, and training/competency documentation. Ensure all site supervisors have immediate access to these records during any regulatory site visit to prevent administrative delays or stop-work orders.

Official Sources

• https://www.ontario.ca/laws/statute/90c30
• https://odacc.ca/