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.
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
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 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 (1/16/09) - Describes ODOT's current Dispute Review Board Process
WHAT IS A DISPUTE REVIEW BOARD? (under construction)
HOW CAN I BECOME A DRB MEMBER? (under construction)
DRB THREE PARTY AGREEMENT TEMPLATE (under construction)
LIST OF POTENTIAL DRB MEMBERS
OHIO'S OFFICE OF BUDGET & MANAGEMENT'S TRAVEL POLICY
DRB OPERATING PROCEDURES TEMPLATE
The State of Ohio's Late Payment Calculator of Interest allowable on a claim can be found at:
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