is construction adjudication binding in alberta

Yes. An adjudicator's determination binds the parties unless a court directs otherwise, an arbitrator under the Arbitration Act makes an award on the matter, or the parties sign a written agreement resolving it after the decision (Prompt Payment and Construction Lien Act s. 33.6(5); Regulation s. 1(2)). Either side can still take the merits to court within 2 years of the notice of adjudication.

how long does construction adjudication take in alberta

The adjudicator must decide within 30 days of receiving the claimant's documents, extendable by up to 10 calendar days. Before that, appointment takes up to 4 plus 7 calendar days (days other than Saturdays, Sundays and holidays) and the claimant has 5 days after appointment to send documents. ARCANA (AB) says its determinations usually come in under 60 days.

deadline to start adjudication alberta prompt payment

A notice of adjudication cannot be given more than 30 days after the date of final payment under the contract or subcontract, unless the parties agree otherwise. Final payment is the earlier of the date you were paid in full or the date full payment was required under the Act's payment deadlines, so the clock can run even if you were never paid (s. 33.4(2)-(3)).

how much does construction adjudication cost in alberta

Each Nominating Authority publishes its own fees. ARCANA (AB)'s May 2026 schedule caps adjudicator fees at $1,800 for claims under $25,000 and $3,600 under $50,000, plus GST; ADACC charges a $2,000 fixed fee up to $25,000 and $4,000 up to $50,000, plus tax. Fees are split equally unless the adjudicator directs otherwise (Regulation s. 13(3)).

how to enforce an adjudicator's order in alberta

Submit the order to the clerk of the Court of King's Bench at least 30 days after the parties received it and within 2 years of the notice of determination. Once registered it has the same effect as an Alberta court order, and you must serve written notice on the other party within 10 days (Act s. 33.61).

Construction Adjudication in Alberta

The short version

If your GC has not paid you on an Alberta job, you can refer the dispute to construction adjudication under the Prompt Payment and Construction Lien Act. You send a notice of adjudication, a Nominating Authority appoints an adjudicator, and the adjudicator decides, usually on the documents alone, within a fixed timetable. The decision is binding right away, and you can register it with the Court of King's Bench and enforce it like a court order, unless a court, an arbitrator or a later written settlement changes it.

30 days: the latest you can start, counted from the date of final payment under your subcontract (Act s. 33.4(2)).
30 days: the adjudicator's deadline to decide, after receiving your documents, extendable by up to 10 calendar days (Regulation ss. 25(3), 26(1)).
Equal split: fees are shared 50/50 unless the adjudicator directs otherwise (Regulation s. 13(3)).
30 days to 2 years: the window to register the order with the court (Act s. 33.61).
30 days: the other side's deadline to file for judicial review, which does not pause the order (Act s. 33.7).

For the payment deadlines that come first (28, 7 and 35 days, notices of non-payment), see Getting paid in Alberta.

What disputes can go to adjudication?

Section 19 of the Regulation lists five kinds of dispute:

the value of work or materials you supplied, including change orders, approved or not, and proposed change orders
payment under the contract or subcontract, including change orders
a notice of non-payment you received
payment of holdback (the major or minor lien fund) owed during or at the end of the job
anything else about the contract, if both sides agree, even with no proper invoice and even if the claim is not lienable

You can only adjudicate against the party you contracted with (Act s. 33.4(1)). As a subcontractor, that is normally your GC, not the owner.

When is it too late to start?

You cannot start more than 30 days after the date of final payment under your subcontract, unless the other side agrees (Act s. 33.4(2)).

The trap is the definition. "Date of final payment" is the earlier of the day you were paid in full, or the day full payment was required under the prompt payment deadlines (s. 33.4(3)). So the clock can start even if you were never paid. Payments of holdback, and payment for work done after substantial performance, do not count as final payment (s. 33.4(4)).

Step by step: the adjudication timeline

In the Regulation, a "calendar day" means a day other than a Saturday or a holiday, and Sundays are holidays (Regulation s. 1(1)(b); Interpretation Act s. 28(1)(x)). So "4 calendar days" is closer to four business days.

Step	Who	Deadline	Section
1. Give notice of adjudication	You	Within 30 days of final payment	Act 33.4(2)
2. Send a copy to the Nominating Authority	You	Same day as the notice	Reg 20(2)
3. Agree on an adjudicator (optional)	Both	Within 4 calendar days	Reg 22(1)
4. Appointment	Nominating Authority	7 calendar days after you agree, or after the 4 days run out	Reg 22(1), (2)
5. Send adjudicator the notice, contract and your documents; copy the other side	You	Within 5 days of appointment	Reg 23
6. Response	Other side	Within 12 calendar days of getting your documents	Reg 24(2)
7. Decision (order)	Adjudicator	Within 30 days of getting your documents	Reg 26(1)
Extension	Adjudicator	Up to 10 calendar days	Reg 25(3)
8. Certified copy of order to parties	Nominating Authority	Within 7 days of the decision	Reg 26(3)
9. Judicial review deadline	Other side	30 days from the notice of determination	Act 33.7(2)
10. Register order with the court	You	No sooner than 30 days after receiving it; no later than 2 years	Act 33.61(1)(a), (3)
11. Notify the other side of registration	You	Within 10 days of registering	Act 33.61(4)

ARCANA (AB) says its adjudications are usually decided on written submissions, not a hearing. Notices and documents go electronically unless the adjudicator directs otherwise (Reg s. 32).

What goes in the notice of adjudication?

Section 20(1) of the Regulation requires:

the names and addresses of both parties
the nature of the dispute, with a brief description of how and when it arose
what you are asking for (the redress)
the Nominating Authority you are sending it to
the adjudicator you want, if any

Alberta has two Nominating Authorities: ARCANA (AB), a partnership of the ADR Institute of Alberta, the ADR Institute of Canada and RICS, and ADACC (Alberta Dispute Adjudication for Construction Contracts). Both publish a fillable notice form. If your contract names one, use it unless both sides agree on the other (Reg s. 21). A contract clause naming a specific adjudicator has no effect (Reg s. 20(3)).

How much does adjudication cost?

Each Nominating Authority sets its own fees (Reg s. 13(1)). These are the published schedules as of October 2026, for cases where the parties did not agree on an adjudicator.

ARCANA (AB) (fee schedule dated May 2026; add 5% GST):

Amount in dispute	Filing fee	Hourly rate	Adjudicator fee cap
Under $25,000	Nil	$200	$1,800
Under $50,000	Nil	$225	$3,600
Under $100,000	Nil	$250	$6,000
Under $250,000	$450	$275	7.5% of amount in dispute
Under $500,000	$450	$425	7.5% of amount in dispute
Under $1,000,000	$450	$500 max	As agreed
$1,000,000 or more	$450	$650 max	As agreed

A counterclaim is added to the amount in dispute.

ADACC (plus applicable tax):

Amount claimed	Adjudication fee	Filing fee	Certification fee
Up to $25,000	$2,000 fixed	$0	$0
$25,001 to $50,000	$4,000 fixed	$0	$0
$50,001 to $250,000	$300 an hour	$500	$100
$250,001 to $500,000	$450 an hour	$500	$100
$500,001 to $750,000	$600 an hour	$500	$100
Over $750,000	$750 an hour	$500	$100

Who pays: fees and costs are split equally unless the adjudicator directs otherwise (Reg s. 13(3)). ARCANA says its adjudicators may only allocate its admin fee and the adjudicator's own fees and disbursements, so budget for any lawyer yourself. It also tells applicants to be ready to pay the full retainer up front.

Is construction adjudication binding?

Yes. The decision binds both parties (Act s. 33.6(5)) unless:

a court directs otherwise,
an arbitrator appointed under the Arbitration Act makes an award on the same matter, or
the parties sign a written agreement resolving it after the decision (Reg s. 1(2)).

So it is "pay now, argue later." Either side can still take the merits to court within 2 years of the notice of adjudication (Reg s. 33). A court ruling on the merits mid-adjudication ends it (Act s. 33.4(6)).

How do I enforce an adjudicator's order?

Submit the order to the clerk of the Court of King's Bench. The clerk must register it if at least 30 days have passed since the parties received it, no court order or arbitration affects it, and there is no later written settlement (Act s. 33.61(1)). Once registered, it has the same effect as an Alberta court order (s. 33.61(2)). Serve written notice on the other party within 10 days (s. 33.61(4)).

ARCANA notes it does not provide enforcement services: collecting on a registered order is up to you.

What if they still don't pay?

You can stop work. The order can set a payment date and allow you to stop supplying services or materials if it passes (Reg s. 26(2)). Ask the adjudicator to include this.
Interest runs. Unpaid amounts on a proper invoice accrue interest at your contract rate, or Alberta's judgment interest rate if the contract has none: 2.69% for 2026 (Act s. 32.6; Reg s. 4; Judgment Interest Regulation s. 1(hh)).
Judicial review is narrow. The other side has 30 days to apply, and an application does not stay the order unless the court says so (Act s. 33.7). The grounds are limited to things like no valid contract, a matter outside section 19, an unqualified adjudicator, an unfair procedure, bias or fraud (Reg s. 34).

What to do this week

Find the date your last invoice was due. Your 30-day window to start may already be running.
Check your subcontract for a named Nominating Authority, and read the adjudication clause using the subcontract checklist.
Pull together the subcontract, your proper invoices, change orders, any notice of non-payment and your emails. You have only 5 days after appointment to send them.
Write the notice of adjudication, send it to your GC, and email the copy to the Nominating Authority the same day, before 4 p.m. Mountain if you use ADACC.
Diarize your lien and holdback deadlines separately.

Working commercial jobs around Calgary? Syndex is a free network where GCs send requests to the subcontractors in the trade they need. Join as a subcontractor.

Sources

Last checked October 13, 2026.

Construction adjudication in Alberta: a step-by-step guide for unpaid subcontractors