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Ohio Department of Transportation Dispute Review Boards (DRB). Megan Blackford, P.E., Esq. Construction Claims Administrator. Background. System Data 35 th in geographical size 7 th largest highway network 7 th in population 5 th in traffic volume. 4 th in the # of interstate miles

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ohio department of transportation dispute review boards drb

Ohio Department of Transportation Dispute Review Boards (DRB)

Megan Blackford, P.E., Esq.

Construction Claims Administrator

background
Background
  • System Data
    • 35th in geographical size
    • 7th largest highway network
    • 7th in population
    • 5th in traffic volume
  • 4th in the # of interstate miles
  • 4th in value of freight traffic
  • 2nd in the number of bridges
  • Construction Program
construction claim data
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
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 processes5
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
projects w drbs
Projects w/DRBs

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 drbs7
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..
dispute review board process evolving
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 evolving9
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
claims
Claims
  • 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.
claims11
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.
slide12
Thank You!

Any questions?