Analysis of the Law on Adjudication of Construction Disputes in Alberta
The construction industry is a cornerstone of economic activity in many jurisdictions, contributing significantly to their gross domestic product (GDP). This is true of Alberta’s economy especially as the energy hub of Canada. Construction projects are inherently capital-intensive and complex. They are also dispute intensive. The most common construction disputes are payment-related, and if not managed and resolved promptly, these disputes can hinder project progress, leading to inefficiencies and delays that significantly impact the industry. To address these issues, Alberta, following the practice in other jurisdictions including the United Kingdom and Ontario, has adopted statutory adjudication as a means of construction dispute resolution. Adjudication is intended to be an interim and expedited dispute resolution mechanism that reserves the right of the parties to still submit the dispute to litigation or arbitration, usually after project completion. Proponents argue that adjudication addresses delays and inefficiencies in resolving construction disputes, ensuring timely project completion and delivery. This thesis adopts a doctrinal and historical analytical research methodology to answer the question as to whether statutory adjudication as practiced in Alberta is an efficient and timely method of construction dispute resolution, and to suggest potential areas for reform as necessary. This thesis aims to provide a comprehensive understanding of adjudication in Alberta, its advantages over other dispute resolution mechanisms, and the challenges it faces. By examining the historical development, current practices, and potential improvements, this research seeks to contribute to the ongoing efforts to enhance the efficiency and effectiveness of construction dispute resolution in Alberta and beyond.
Adjudication, Statutory adjudication, Construction dispute, Prompt payment
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