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Contractor / Engineer Conference 2009

This report discusses the outcomes and proposals from the Dispute Resolution Workshop held in January 2008 in Milwaukee. Participants reviewed the current dispute resolution processes and explored alternatives to improve efficiency and communication. Proposed enhancements include the introduction of a third-party advisory opinion and expedited claims review through a Dispute Review Board (DRB). The objective is to create a less burdensome process and ensure prompt resolution of disputes. The workshop gathered valuable suggestions from industry professionals aiming to advance the dispute resolution framework.

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Contractor / Engineer Conference 2009

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  1. Contractor / Engineer Conference 2009

  2. Dispute ResolutionProcess

  3. Dispute Resolution Workshop held in January ’08’ in Milwaukee • Review department’s current dispute resolution process • Review Marquette’s dispute resolution process • Gather ideas on ways to improve current dispute resolution process

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

  5. Marquette Claims Process • Standing Dispute Review Board • Informal Advisory Opinion - DRB • Claim decisions under $250 K – binding to the extent allowed by law

  6. Comments/Suggestions • Make process less burdensome – too slow • Provide opportunity to have claim heard by third party • Improve communication • Third party opinion • Mandatory weekly meetings w/ decision maker in attendance

  7. Industry/Department Committee • Reviewed workshop comments and facilitators recommendations • Committee Proposal: • Provide for a third party “advisory opinion” • Provide for third party claim review - DRB • Expedite third party review • Improve communication – dispute avoidance or prompt resolution

  8. Proposal • Advisory Opinion • Region Level • Dispute Review Board • Bureau Level – mutual agreement • Panel Level – by either party

  9. Proposal • Expedite DRB reviews • Standing list of neutrals • DRB coordinated by Construction Oversight Engineers • Improve communication • Promote PCEE

  10. Proposed DRB selection • A standing roster of neutrals would be assembled by both the department and industry • Neutrals charged with assembling a standing roster of chairs • 3-member DRBs - 2 neutrals and a chair • Chairs used for informal advisory opinion

  11. What next? • Neutral selection • Specification and C & M Manual revisions • DRB Procedures • Payment methods • Continued promotion of PCEE

  12. In the mean time? • ADR is available per current specifications • The Dispute Resolution Committee continues to work on the new process.

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