Year: 2009

KOKOSING CONSTRUCTION COMPANY INC
Year: 2009
District: 3
Project Number: 050343
PID Number: 14018
Specification Year: 2002
Dispute/Claim: 03-050343-01
Dispute Resolution Forum: Director's Claim Board
Location: MED - IR 71-9.56
Description: Value Engineering Participation
Issues: Value Engineering Proposal, Contract interpretation/ambiguity
Decision/Recommendation: 03-050343-01

KOKOSING CONSTRUCTION COMPANY INC
Year: 2009
District: 3
Project Number: 050343
PID Number: 14018
Specification Year: 2002
Dispute/Claim: 03-050343-02
Dispute Resolution Forum: Director's Claim Board
Location: MED - IR 71-9.56
Description: Delay Costs due to Delay in VE response
Issues: CPM Progress Schedule, Change order policy, Delay - owner caused
Decision/Recommendation: 03-050343-02

MOSSER CONSTRUCTION INC
Year: 2009
District: 3
Project Number: 060216
PID Number: 23504
Specification Year: 2005
Dispute/Claim: 03-060216-01
Dispute Resolution Forum: Arbitration
Location: RIC - CR 424-0.62
Description: Removal of Granular Embankment
Issues: Acceptance (express/implied), ODOT Testing Procedures
Decision/Recommendation: 03-060216-01

TRI SPAN CORPORATION
Year: 2009
District: 4
Project Number: 080001
PID Number: 77345
Specification Year: 2005
Dispute/Claim: 04-080001-01
Dispute Resolution Forum: Director's Claim Board
Location: ATB - IR-90-5.37;ATB-46-21.95
Description: Additional Embankment Costs due to Improper Testing
Issues: ODOT Testing Procedures, Inefficiency/Loss of productivity, Means and methods, Responsibility for project
Decision/Recommendation: 04-080001-01

KOKOSING CONSTRUCTION COMPANY INC
Year: 2009
District: 5
Project Number: 070138
PID Number: 77221
Specification Year: 2005
Dispute/Claim: 05-070138-01
Dispute Resolution Forum: Director's Claim Board
Location: LIC - SR 161/37 - 6.65/10.25
Description: Value Engineering
Issues: Contract interpretation/ambiguity, Contractor proposed change
Decision/Recommendation: 05-070138-01

KOKOSING CONSTRUCTION COMPANY INC
Year: 2009
District: 6
Project Number: 040294
PID Number: 77118
Specification Year: 2002
Dispute/Claim: 06-040294-08
Dispute Resolution Forum: Director's Claim Board
Location: CLA - IR 70-25.11/28.95/29.32/0.00 - Part 1, 2 & 3
Description: Contractor wants paid permanent seeding for additional locations: two off-site waste areas, an off-site area where temporary plant was located and an area it placed waste within the highway ROW. Areas totalled 69,819 SY.
Issues: Contract interpretation/ambiguity, Discrepancy in quantity
Decision/Recommendation: 06-040294-08

KOKOSING CONSTRUCTION COMPANY INC
Year: 2009
District: 6
Project Number: 040294
PID Number: 77118
Specification Year: 2002
Dispute/Claim: 06-040294-07
Dispute Resolution Forum: Director's Claim Board
Location: CLA - IR 70-25.11/28.95/29.32/0.00 - Part 1, 2 & 3
Description: Extra costs to "level up" median embankment - an error in the plan caused an elevation differential that had to be eliminated by embankment to prevent a drop off. District stated almost none of the median had been acceptably final graded. District also stated the operation of grading no different in planned profile areas vs. changed profile areas. Contractor presented a measured mile approach to show inefficiency.
Issues: Signif. change in scope/character of work
Decision/Recommendation: 06-040294-07

KOKOSING CONSTRUCTION COMPANY INC
Year: 2009
District: 6
Project Number: 040294
PID Number: 77118
Specification Year: 2002
Dispute/Claim: 06-040294-06
Dispute Resolution Forum: Director's Claim Board
Location: CLA - IR 70-25.11/28.95/29.32/0.00 - Part 1, 2 & 3
Description: This project used a workday contract in lieu of a completion date contract. Parties agree to 45 days of extra work and 102 days of weather. Kokosing is seeking site rental costs for land leased for their portable plant ($8,727.12) and for labor escalation ($10,182.05) for extension of the contract into 2007.
Issues: Delay - owner caused, Material escalation
Decision/Recommendation: 06-040294-06

KOKOSING CONSTRUCTION COMPANY INC
Year: 2009
District: 6
Project Number: 040294
PID Number: 77118
Specification Year: 2002
Dispute/Claim: 06-040294-04
Dispute Resolution Forum: Director's Claim Board
Location: CLA - IR 70-25.11/28.95/29.32/0.00 - Part 1, 2 & 3
Description: This project was sold with no provision for a fuel price adjustment. In 2005 ODOT established a fuel price adjustment policy and allowed for such adjustments on ongoing projects and extended that until 2006. The Contractor is asking for the adjustment for work it did in 2007.
Issues: Delay - owner caused, Industry standard, Material escalation
Decision/Recommendation: 06-040294-04

KOKOSING CONSTRUCTION COMPANY INC
Year: 2009
District: 6
Project Number: 040294
PID Number: 77118
Specification Year: 2002
Dispute/Claim: 06-040294-01
Dispute Resolution Forum: Director's Claim Board
Location: CLA - IR 70-25.11/28.95/29.32/0.00 - Part 1, 2 & 3
Description: Interest on untimely processing of Change Orders 60, 63 and 65.
Issues: Interest, Change order policy
Decision/Recommendation: 06-040294-01

KOKOSING CONSTRUCTION COMPANY INC
Year: 2009
District: 6
Project Number: 040294
PID Number: 77118
Specification Year: 2002
Dispute/Claim: 06-040294-02
Dispute Resolution Forum: Director's Claim Board
Location: CLA - IR 70-25.11/28.95/29.32/0.00 - Part 1, 2 & 3
Description: Asphalt for MOT - contractor is seeking payment for asphalt used to transition between pavements at different elevations.
Issues: Contract interpretation/ambiguity
Decision/Recommendation: 06-040294-02

KOKOSING CONSTRUCTION COMPANY INC
Year: 2009
District: 6
Project Number: 040294
PID Number: 77118
Specification Year: 2002
Dispute/Claim: 06-040294-05
Dispute Resolution Forum: Director's Claim Board
Location: CLA - IR 70-25.11/28.95/29.32/0.00 - Part 1, 2 & 3
Description: Material escalation for steel and geo-textile fabric. When project was bid these materials were experiencing large price escalations. Due to this volatility price quotes for this material were only firm through 9/30/04 for piling and 12/31/05 for the geotextile fabric. The contractor was delayed 45 days due to extra work.
Issues: Material escalation, Industry standard
Decision/Recommendation: 06-040294-05

KOKOSING CONSTRUCTION COMPANY INC
Year: 2009
District: 6
Project Number: 040294
PID Number: 77118
Specification Year: 2002
Dispute/Claim: 06-040294-03
Dispute Resolution Forum: Director's Claim Board
Location: CLA - IR 70-25.11/28.95/29.32/0.00 - Part 1, 2 & 3
Description: Contractor is seeking $223, 560 for home and field overhead for the winter of 2006/2007. This was a workday contract rather than a completion date contract.
Issues: Delay - owner caused, Overhead (home/field office)
Decision/Recommendation: 06-040294-03

KOKOSING CONSTRUCTION COMPANY INC
Year: 2009
District: 7
Project Number: 070387
PID Number: 75927
Specification Year: 2005
Dispute/Claim: 07-070387-01
Dispute Resolution Forum: Dispute Review Board
Location: MOT - IR-75-13.11
Description: Sleeper Slab Concrete and Coping
Issues: Contract interpretation/ambiguity, Means and methods, Mitigation, Pre-bid question
Decision/Recommendation: 07-070387-01

KOKOSING CONSTRUCTION COMPANY INC
Year: 2009
District: 7
Project Number: 060036
PID Number: 17067
Specification Year: 2005
Dispute/Claim: 07-060036-02
Dispute Resolution Forum: Director's Claim Board
Location: MOT - USR 35-15.07
Description: Early Notice of Excessive & Improper Enforcement
Issues: Dispute Resolution Process, Notice, Overhead (home/field office), Signif. change in scope/character of work
Decision/Recommendation: 07-060036-02

MAHAN/NATIONAL A JOINT VENTURE
Year: 2009
District: 10
Project Number: 020510
PID Number: 19714
Specification Year: 1997
Dispute/Claim: 10-020510-01
Dispute Resolution Forum: Director's Claim Board
Location: MEG - USR 33-15.70 (Village of Pomeroy)
Description: P-T Air Testing Quantum Only
Issues: CPM calendar/logic changes, Delay - critical/non-critical, Delay - owner caused, Entitlement agreed/damages in dispute, Mutual Mistake
Decision/Recommendation: 10-020510-01

MAHAN/NATIONAL A JOINT VENTURE
Year: 2009
District: 10
Project Number: 020510
PID Number: 19714
Specification Year: 1997
Dispute/Claim: 10-020510-4 and 5
Dispute Resolution Forum: Deputy Director's Board
Location: MEG - USR 33-15.70 (Village of Pomeroy)
Description: Retaining Wall Concrete Quantity and Retaining Wall Sealing Quantity
Issues: Contract interpretation/ambiguity, Contractor proposed change, Discrepancy in quantity
Decision/Recommendation: 10-020510-4 and 5

GERONIMO PAINTING CO INC
Year: 2009
District: 12
Project Number: 050107
PID Number: 22130
Specification Year: 2002
Dispute/Claim: 12-050107-02
Dispute Resolution Forum: Director's Claim Board
Location: CUY - SR 2 - 14.41 (City of Cleveland)
Description: Testing Equipment
Issues: Inspection, Reasonably close conformity, Entitlement agreed/damages in dispute, Inefficiency/Loss of productivity
Decision/Recommendation: 12-050107-02