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 Disputes and Claims

 Dispute Resolution and Claims

 

 

 

 

 

 

 

 

   

 

    

The Ohio Department of Transportation is committed to resolving construction disputes within the parameters of the contract at the lowest possible authority level.

Dispute Resolution and Claims Coordinator
Nathan Fling  - 614-466-2140

 

For ODOT projects let under the 2010 Construction & Material Specifications the standard three step Dispute Resolution and Administrative Claims process is detailed in C&MS Section 104.05.

 Dispute Resolution FLOW CHART - Flow chart of ODOT's Dispute Resolution and Administrative Claims Process

 SUGGESTED OUTLINE FOR CLAIM SUBMITTAL

 

The Dispute Resolution and Administrative Claims process allows the Contractor to choose an ALTERNATE DISPUTE RESOLUTION (ADR) process instead of a Director's Claims Board (DCB) Hearing. At the time the Contractor files a Notice of Intent to File a Claim and requests a Step 3 Hearing the Contractor should also specify whether it opts for an ADR or a DCB Hearing. Once the Contractor submits its Certified Claim documentation ODOT will choose which ADR method will be utilized, either MEDIATION or ARBITRATION, and propose an Arbitrator/Mediator from the attached list: 

LIST OF POTENTIAL NEUTRALS

The Neutrals List previously posted in this location is currently being updated and modified to make it more convenient to use. Any contractors needing potential names (and resumes) can call any ODOT District personnel or the ODOT Dispute Resolution Coordinator to get a list of potential DRA, DRB, Mediators or Arbitrators.

If ODOT opts for Arbitration the decision will be binding on both parties.

Attached is a brief discussion of Alternative Dispute Resolution processes.

 ALTERNATIVE DISPUTE RESOLUTION OVERVIEW

 

DRB/DRA

On very large projects ODOT may choose to utilize a Dispute Resolution Board (DRB) process in place of the standard dispute resolution process. If a DRB is utilized Proposal Note 108 will be included in the Proposal and an Item Special, Dispute Review Board will be included as a pay item.

 

 

Proposal Note 108- Describe ODOT's Current Dispute Resolution Board Process
-  DRB Three Party Agreement
- DRB Operating Procedures
- Proposal Note 109- Descibe ODOT's current Resolution Advisor Process
- DRA three party Agreement
- DRA Operating Procedure

 

 

 

  

  

LIST OF POTENTIAL DRB MEMBERS

 

 OHIO'S OFFICE OF BUDGET & MANAGEMENT'S TRAVEL POLICY

 

 

 

The State of Ohio's Late Payment Calculator of Interest allowable on a claim can be found at:

http://obm.ohio.gov/miscpages/latepaymentcalculator/default.aspx

Use this tool to calculate interest to include in your submitted claim total.

Please note: the Director's Claims Board or the Dispute Review Board will not automatically add in or adjust an interest payment as part of the final determination of damages or a negotiated settlement. At the Board hearing the Contractor must make clear the current value of interest, as applicable.

 

The Claims Database

includes over 60 decisions rendered by ODOT claims boards or various neutrals. Below you can choose to view the database by: (place cursor on how you want the database sorted)

 

 

To view claims decisions prior to 1999 choose the appropriate ODOT Claims Digest below:

  Number 1 Digest of Claim Board Decisions October 10, 1995 to June 12, 1996

  Number 2 Digest of Arbitration Decisions March 19, 1987 to September 6, 1996

  Number 3 Digest of Claim Board Decisions October 1, 1996 to August 13, 1997

  Number 4 Digest of Decisions January 1, 1998 to June 30, 1998

  Number 5 Digest of Decisions June 30, 1998 to December 31, 1998

  Number 6 Digest of Decisions January 1, 1999 to December 31, 1999