Following the November 26, 2019 London and District Construction Association (LDCA) conference: The Practitioners Guide to Prompt Payment and Adjudication, the LDCA and panelists compiled the following top ten list for construction participants to know to get the best out of the prompt payment and adjudication provisions of the Construction Act:

1. Ensure bid documents identify how often the contractor may render an invoice, what is the proper invoice, and how invoices may be delivered.

2. At the initial project meeting, ensure all parties know and understand invoicing and payment standards.

3. Document everything related to invoicing and payment. When a dispute occurs, take steps to resolve the dispute or get ready for adjudication. Don’t wait for a Notice of Adjudication.

4. Know whether the Construction Lien Act or Construction Act applies to your project.

5. Ensure consultants are involved in all change orders.

6. Prompt payment and adjudication are an entirely new approach, it will take time for the industry to normalize around this new approach.

7. Adjudication is real, its threat of use (to modify behaviour), is as important as its actual use (to penalize behaviour).

8. Long-term, effective business relationships are critical to your long-term success. Weigh this before starting an adjudication.

9. Choose your adjudicator carefully and based on the core aspects of the dispute.

10. Set up your business practices and processes to be the best they can be. Adjudication is a very time compressed, “rough justice” process.