Prompt Payment Best Practices, Invoicing Properly and Preparing Evidence
for Adjudication Procedures (NEW 2022)

This instructor-led live webinar will introduce attendees to the still relatively new rules of prompt payment under the law that came into effect in October 2019 and from the perspective of 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 functions along with the file management system. When adjudication 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, and explore the unique 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 and what is the correct format based on different project delivery methods.
  • 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 (ODACC in Ontario), 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:
General Contractors, Sub-contractors, Project Owners, Financial Lenders and Consultants.

Each participant will receive the best practices guide and forms including recommended lead letters to clients (a $45.00 value). The guide is designed to assist in navigating the workflow of notice dates and requirements in Ontario.

NEW We have added the supplementary conditions contemplations for CCDC contracts that are now subject to Prompt Payment regulations.

Please note the information obtained from or through this course does not constitute legal advice, but is provided as guidelines for using works for educational purposes.

dates:
 
Mar. 1, 2022 Tue. 1pm – 4:30pm EST
OR Apr. 11, 2022 Mon. 1pm – 4:30pm EST
where:
Instructor-led Live Webinar
instructors:
Derek A. Smith, Marcel Mongeon
TCA member:
$200.00+HST
non-member:
$300.00+HST
INSTRUCTOR: Derek A. Smith

A trained design professional for over 15 years, Derek has collaborated on over $300 million in built or contemplated ICI and residential projects. As the CEO of the London & District Construction Association (2007-2012) he acted as employer bargaining agent to General Contractors and Civil Contractors in a successful strike free round (2010). He also chaired the Construction Lien Act Task Force for the Council of Ontario Construction Associations, and is the Executive Officer of the Stratford & Area Builders Association, the largest per capital residential builders association in Canada.

INSTRUCTOR: Marcel Mongeon

Marcel Mongeon is a rostered ODACC adjudicator for construction disputes. In addition to being a lawyer qualified in Ontario, Québec and New York State, Marcel is also a Chartered Mediator (C.Med.), a registered trademark agent and a registered patent agent. He is an experienced international speaker and seminar leader in many areas, including mediation and arbitration, negotiations, business strategy, IP management, and governance.