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