Contractor / Engineer Conference 2010

1. Contractor / Engineer Conference 2010 • Dispute Resolution Process

2. Dispute Resolution • Claims avoidance • PCEE - RFIs, Weekly Meetings, Issue ID, etc. • Claims Process for unresolved changes • Subsection 105.13

3. Current Claims Process • Subsection 105.13, Claim Process for Unresolved Changes • Three Primary Levels • Region Review * • Bureau of Project Development Review * • Panel Review * * Alternative Dispute Resolution allowed by mutual agreement

4. 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

5. 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

6. 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.

7. 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.

8. Dispute Review Board • Expedite DRB reviews • Standing list of neutrals • Standardize procedures • DRB coordinated by Construction Oversight Engineers

9. 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.

10. 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

11. Status - continued Develop Construction and Materials Manual Guidance Standard Specification changes – minor changes

12. Can DRBs be used now? Yes ADR is available per current specifications Contact the Regional Oversight Engineer to engage the process.

13. Contractor / Engineer Conference 2010 • Core Principles

14. Core Principles Document • Why? • Clarify Depts. fundamental approach to project delivery • Develop “critical inspection” guidelines • Set Roles and Responsibilities • Contractor • Department

15. 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

16. 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

17. 2010 - ASPs • RFIs - Request for Information • Resolve disputes/ avoid claims • Materials – Point of contact • Legislative Audit Bureau