1. Ohio Department of Transportation Dispute Review Boards (DRB) Megan Blackford, P.E., Esq. Construction Claims Administrator

2. Background  System Data 35 th in geographical size 7 th largest highway network 7 th in population 5 th in traffic volume  Construction Program FY 00$1.1 BFY 05$1.2 B FY 01$1.1 BFY 06$1.5 B FY 02$1.2 BFY 07$1.6 B FY 03$1.2 BFY 08$1.7 B FY 04$1.7 BFY 09$1.5 B 4 th in the # of interstate miles 4 th in value of freight traffic 2 nd in the number of bridges

3. Construction Claim Data  ≈ 10 claims per year average  2006 = 16 claims to date…  $15 k - $12 m range in dollar amounts  $8.25 m largest settlement to date  Only 1 claim filed in Ohio Court of Claims since 2000 Settled at mediation prior to trial

4. Dispute Resolution Processes  2 Dispute Resolution processes specified by Proposal Notes Dispute Resolution and Administrative Claims Process  Default Process Dispute Review Board (DRB)  Selected projects over $20 million and/or  of a highly technical nature   specialized note  Both processes allow for… Mediation Binding Arbitration

5. Dispute Resolution Processes  3 Step Dispute Resolution and Administrative Claims Process Step 1 ► On-Site Determination Step 2 ► District Dispute Resolution Committee (DDRC) Step 3 ► Director’s Claims Board  3 Step Dispute Review Board Process (DRB) Step 1 and 2 ► same as above Step 3 ► Appeal to the DRB

6. Current (7)  2002 Pomeroy/Mason Bridge - $52 m  2003 Maumee River Crossing – $232 m  2004 NExT - $120 m  2005 I-70/75 Interchange Phase 3 – $48 m I-70 Lane Add - $60 m  2006 Main Street Bridge - $44 m Fulton Road Bridge – $46 m Projects w/DRBs

7. Future…  2006 I-71/76 Interchange - $88 M I-275 - $180 M  2007 and on… Cleveland Innerbelt I-70/75 Split I-75 in Dayton Etc.. Projects w/DRBs

8. Dispute Review Board Process Evolving…  Establish prior to pre-con & partnering meetings Detailed, step-by-step timeframes  Roster of Neutrals List on web Resumes/CVs on file (available upon request)  Selection of Chair 2 members select the Chair from lists of candidates provided by both Contractor and ODOT ODOT prefers lawyer  Payment ODOT includes a pay item with fixed $ amount in the Contract for the DRB

9. Dispute Review Board Process Evolving…  ALL claims go to DRB Used to be threshold of $100k  Flexible Requested DRB to review and analyze claim for entitlement and damages DRB gathered documentation, interviewed both sides, retained consultant, review escrowed bid documents NO position papers  Recommendation vs. Binding Decision Under Contract DRB issues recommendation… ODOT prefers binding and approaches Contractor 4 out of 6 claims thus far  SMDRB

10.  NExT Project: MSE Wall Backfill Resistivity Testing.  Amount of claim = $1,584,000  Recommendation = Each party shares the responsibility. (i.e. compromise or face potential litigation) MSE Wall Design Criteria.  Amount of claim = $220,220.97  Recommendation = Ruled in favor of the Contractor. ODOT and the Contractor agreed upon damages of $269,267.90. Multiple Project Impacts.  Amount of claim = approx. $12 m  Recommendation = Contractor entitled to approx. $2.4 m. Claims

11.  Maumee River Project: Discrepancy in concrete quantity for precast segmental concrete.  Amount of claim = $587,400  Decision = $0 - Ruled in favor of ODOT.  Pomeroy/Mason Bridge Project: Tower Leg Concrete.  Amount of claim = Entitlement only  Decision = ODOT 25% responsible. Claims

12. Thank You! Any questions?