The Construction Contracts Act provides for a process of dispute resolution called adjudication, to be the first option if negotiation fails. It provides a thirty-day formal process whereby the adjudicator is appointed by the claimant, and the respondent cannot opt out. The process is designed mainly for payment disputes, but it can also be used for workmanship disputes and is expected to become the normal dispute resolution method in the Construction Industry.

The adjudicator's decision, called a determination, is binding and enforceable by the courts. An unsatisfied party can only appeal an adjudication after complying with the determination. The adjudication is subject to confidentiality, except by mutual consent or if the information is already in the public domain.

The disadvantage of both mediation and adjudication is that the faults are not made known to the roofing industry, who should be able to learn from the mistakes of the past.

Where the amount in question is under $7,500, or $12,000 by agreement with the other party, an alternative method is to file the complaint with the Disputes Tribunal. The parties usually represent themselves, without lawyers, and a compromise outcome is sought by a referee. This method of settlement gives no assurance of an equitable outcome or that the outcome will be based on technical grounds; the main purpose of this court is to seek agreement between the parties.

Draft Clause: