104.3 CONTRACTOR NOTIFICATION (For Potential Changes
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Transcript 104.3 CONTRACTOR NOTIFICATION (For Potential Changes
Contractor / Engineer
Conference 2010
Dispute Resolution Process
Dispute Resolution
Claims avoidance
– PCEE
- RFIs, Weekly Meetings, Issue ID, etc.
Claims Process for unresolved changes
– Subsection 105.13
Current Claims Process
Subsection 105.13, Claim Process for Unresolved
Changes
–
Three Primary Levels
1. Region Review *
2. Bureau of Project Development Review *
3. Panel Review *
* Alternative Dispute Resolution allowed by mutual
agreement
Direction
Dispute Avoidance – PCEE tools
Improve communication
Establish accountability
Promote early participation by decision
makers
Provide opportunity to have claim heard by third party
Third party opinion – informal review
Streamline the process – make DRBs easier to engage
Future Claims Process
Three Review Level are maintained
Region Level – Advisory Opinion Available
Bureau Level – DRB available when mutually agreed
upon
Review Panel – DRB available when requested by
either party
Advisory Opinions
Provided by party knowledgeable in contract
administration and construction disputes.
Advisory only
Generally cursory
Acceptance or rejection not required
Generally address entitlement not quantum.
Not bound to advisory opinion in later hearings.
Dispute Review Board
Typically a 3-member board consisting of neutral
parties selected by both the owner and contractor
Present findings and recommendation regarding
entitlement and when requested quantum.
Recommendation is non-binding – State law
Requires “good faith” consideration to be effective.
Dispute Review Board
Expedite DRB reviews
– Standing list of neutrals
– Standardize procedures
– DRB coordinated by Construction Oversight
Engineers
DRB selection
Roster of Standing DRB members assembled by both
the department and industry
3-Member DRBs – Jointly established
Not restricted to Standing Roster
Standing Roster used for informal advisory opinion.
What is the status of DRB process?
DRB Procedures – Draft completed – Available in
March on WisDOT Website
Three Party Agreement – Draft completed -Available
in March on WisDOT Website
Establish Statewide Standing Roster of Prequalified
DRB members
Status - continued
Develop Construction and Materials Manual
Guidance
Standard Specification changes – minor
changes
Can DRBs be used now?
Yes
ADR is available per current specifications
Contact the Regional Oversight Engineer to engage the
process.
Contractor / Engineer
Conference 2010
Core Principles
Core Principles Document
Why?
– Clarify Depts. fundamental approach to project delivery
– Develop “critical inspection” guidelines
– Set Roles and Responsibilities
» Contractor
» Department
Prime Contractor Responsible for:
providing sufficient resources
completing all the work per contract specs
providing sufficient oversight to insure all work,
including subcontractors, meet contract
requirements
– Can not rely on the Dept to act as coordinators
the performance of their subcontractors/suppliers
Department Responsible for:
insuring that Federal/State requirements are met
interpreting contract specs
verifying that the work meets contract specs
accepting the work and materials on a timely basis
authorizing payments
protecting the Public Interest & bidding process
Consultants represent the Dept. in same manner
2010 - ASPs
RFIs - Request for Information
– Resolve disputes/ avoid claims
Materials – Point of contact
– Legislative Audit Bureau