Contract Management: Claim Avoidance and Handling District Engineer Panel Discussion Lowell Fleenor, P.E. District 2 Engineer, Casper John Eddins, P.E. District 3 Engineer, Rock Springs April 22, 2014

Discussion Topics zGeneral Principles zClaim Avoidance zProject Documentation General z , Contractor-Engineer Notification z , Appeal to District Engineer zSupporting Documentation, zEvaluation of claim, entitlement, impact, dollars zQuestions and Discussion

General Principles zBe proactive zPractice Effective Communication (including listening) zBe honest and forthright zBe open minded zTry to anticipate problems zBe solution oriented and cooperative zBe consistent zHigh expectation of WYDOT during contract administration zDocument

Claim Avoidance zQuality plans and specifications minimize the risk of a contract claim zPlans, summaries and specifications, must clearly describe the work being bid zContradictory notes/statements within the plans and specifications zIncorrect quantities zConstructability zAssignment of Risk, contractor, owner

Project Documentation zSchedules in accordance with zSchedules updated in accordance with zA good schedule may avoid dispute or assist in resolution zAccurate and complete diary entries zWritten work directives zLetters, avoid s zBe proactive when quality of work is poor or does not meet specification. Force the issue and get the work corrected. Document

, Contractor – Engineer Notification Critical that process as set forth in is followed zA claim is a contractor requested change that WYDOT does not agree with zDiffering site conditions zSignificant change in the character of the work zWYDOT requested change order, time? zCommunication to truly understand the request for the change order zDocumentation, detailed request for needed information zMake sure all needed information is provided

Supporting Documentation, zLast chance to get all needed information for the claim zCritical that RE’s response includes documentation used to make decision zCombine contactors submitted information with RE information to make a complete, understandable claim package zInformation needed for a good claim package starts well before the claim begins

, Appeal to District Engineer z Additional information added to the claim package is not allowed after the Resident Engineers decision zCritical that the claim package is complete and understandable zDE decisions are based on the information in the claim package and how well the DCE and RE present the basis for their decision zContract administration correctly performed and specifications enforced correctly

Evaluation of the Claim zStrength of RE decision based on documentation zEntitlement, based on the contract is the contractor due compensation zImpact, to what degree was the contractor operations and schedule effected zDollars, how much is the contractor owed zTo determine or decide the above, it is critical that all pertinent information was included in the claim package and evaluated by the Resident Engineer

Thank You and Questions/Discussion