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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
Pam Clawson, P.E. - 614-466-3957
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.
PROPOSAL NOTE 109 (1/16/09) - final version of the Dispute Resolution and Administrative Claims Process note prior to publication in C&MS book.
PN109 (4/15/05) older version of proposal note
PN109 (4/18/08) older version of proposal note
PN109 (10/17/08) older version of proposal note
PN 109 FLOW CHART - Flow chart of ODOT's Dispute Resolution and Administrative Claims Process
STATUS OF ACTIVE (STEP 3) CLAIMS (modified 3/22/10) - Details "next steps" and due dates for all the claims in which a Notice of Intent has been filed with the Claims Coordinator
"CERTIFIED CLAIM" LANGUAGE - Language required on every claim going before the Director's claims Board
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
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
On very large projects ODOT may choose to utilize a Dispute Review Board (DRB) process in place of the standard dispute resolution process. If a DRB is utitilized 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 (1/16/09) - Describes ODOT's current Dispute Review Board Process
PN108 (5/27/05) older version of proposal note
PN108 (1/20/06) older version of proposal note
WHAT IS A DISPUTE REVIEW BOARD? (under construction)
HOW CAN I BECOME A DRB MEMBER? (under construction)
LIST OF POTENTIAL DRB MEMBERS
CURRENT PROJECTS WITH DRBs and DRB MEMBERS ON THOSE PROJECTS
OHIO'S OFFICE OF BUDGET & MANAGEMENT'S TRAVEL POLICY
DRB THREE PARTY AGREEMENT TEMPLATE (under construction)
DRB OPERATING PROCEDURES TEMPLATE
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 a brief summary of all 2008 claims decisions and a statistical summary of demands vs. awards choose:
2008 Yearly SummaryDetails.doc
To view a brief summary of all 2009 claims decisions and a statistical summary of demands vs. awards choose:
2009ClaimsSummary.doc
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