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?