ohio department of transportation dispute review boards (drb) megan blackford, p.e., esq....
TRANSCRIPT
Ohio Department of Transportation
Dispute Review Boards (DRB)
Megan Blackford, P.E., Esq.
Construction Claims Administrator
Background System Data
35th in geographical size 7th largest highway network 7th in population 5th in traffic volume
Construction ProgramFY 00 $1.1 B FY 05 $1.2 B
FY 01 $1.1 B FY 06 $1.5 B
FY 02 $1.2 B FY 07 $1.6 B
FY 03 $1.2 B FY 08 $1.7 B
FY 04 $1.7 B FY 09 $1.5 B
4th in the # of interstate miles 4th in value of freight traffic 2nd in the number of bridges
Construction Claim Data ≈ 10 claims per year average 2006 = 16 claims to date… $15 k - $12 m range in dollar amounts $8.25 m largest settlement to date Only 1 claim filed in Ohio Court of Claims
since 2000 Settled at mediation prior to trial
Dispute Resolution Processes 2 Dispute Resolution processes specified by
Proposal Notes Dispute Resolution and Administrative Claims
Process Default Process
Dispute Review Board (DRB) Selected projects over $20 million and/or of a highly technical nature specialized note
Both processes allow for… Mediation Binding Arbitration
Dispute Resolution Processes 3 Step Dispute Resolution and
Administrative Claims Process Step 1 ► On-Site Determination Step 2 ► District Dispute Resolution Committee
(DDRC) Step 3 ► Director’s Claims Board
3 Step Dispute Review Board Process (DRB)
Step 1 and 2 ► same as above Step 3 ► Appeal to the DRB
Current (7) 2002
Pomeroy/Mason Bridge - $52 m 2003
Maumee River Crossing – $232 m 2004
NExT - $120 m 2005
I-70/75 Interchange Phase 3 – $48 m I-70 Lane Add - $60 m
2006 Main Street Bridge - $44 m Fulton Road Bridge – $46 m
Projects w/DRBs
Future… 2006
I-71/76 Interchange - $88 M I-275 - $180 M
2007 and on… Cleveland Innerbelt I-70/75 Split I-75 in Dayton Etc..
Projects w/DRBs
Dispute Review Board Process Evolving…
Establish prior to pre-con & partnering meetings Detailed, step-by-step timeframes
Roster of Neutrals List on web Resumes/CVs on file (available upon request)
Selection of Chair 2 members select the Chair from lists of candidates provided
by both Contractor and ODOT ODOT prefers lawyer
Payment ODOT includes a pay item with fixed $ amount in the Contract
for the DRB
Dispute Review Board Process Evolving…
ALL claims go to DRB Used to be threshold of $100k
Flexible Requested DRB to review and analyze claim for entitlement
and damages DRB gathered documentation, interviewed both sides,
retained consultant, review escrowed bid documents NO position papers
Recommendation vs. Binding Decision Under Contract DRB issues recommendation… ODOT prefers binding and approaches Contractor 4 out of 6 claims thus far
SMDRB
NExT Project:
MSE Wall Backfill Resistivity Testing. Amount of claim = $1,584,000 Recommendation = Each party shares the responsibility. (i.e.
compromise or face potential litigation)
MSE Wall Design Criteria. Amount of claim = $220,220.97 Recommendation = Ruled in favor of the Contractor. ODOT
and the Contractor agreed upon damages of $269,267.90 .
Multiple Project Impacts. Amount of claim = approx. $12 m Recommendation = Contractor entitled to approx. $2.4 m.
Claims
Maumee River Project: Discrepancy in concrete quantity for precast
segmental concrete. Amount of claim = $587,400 Decision = $0 - Ruled in favor of ODOT.
Pomeroy/Mason Bridge Project: Tower Leg Concrete.
Amount of claim = Entitlement only Decision = ODOT 25% responsible.
Claims
Thank You! Any questions?