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Contractor / Engineer Conference 2009

Contractor / Engineer Conference 2009. Dispute Resolution Process. Dispute Resolution Workshop held in January ’08’ in Milwaukee. Review department’s current dispute resolution process Review Marquette’s dispute resolution process

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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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