Colorado Department of Transportation Disputes & Claims for Contract Adjustments

CONSTRUCTION BULLETIN

Colorado Department of Transportation Disputes & Claims for Contract Adjustments Project Development Branch 2008 Number 2, Page 1 of 2 Date: January 17, 2008; Revised March 21, 2008

Revision of Standard Specification Subsection 105.21 Disputes and Claims for Contract Adjustments

This bulletin gives instructions on the implementation of the new standard special provision, Revision of Section 105, Disputes and Claims for Contract Adjustments, on projects advertised on or before January 17, 2008. This standard special provision replaces subsection 105.21 in its entirety with new subsections 105.21, 105.22, and 105.23.

The revision is to be implemented on all construction projects that meet the following three criteria:

1. They are under Ad, Bid, or Award as of January 17, 2008. 2. They will not have a final acceptance letter by February 14, 2008. 3. They do not have a Notice of Intent to File Claim already submitted.

On the same projects implement the new standard special provision, Revision of Section 109, Compensation for Compensable Delays, also dated January 17, 2008.

Make these changes by Revision Under Ad or Change Order. Contact Dennis Largent at 303-757- 9595 or Karen Sullivan at 303-757-9502 in the Project Development Branch if you need assistance with the Change Order. This will be a “No Cost” Change Order. The revision under ad or change order should specify whether the Disputes Review Board is a standing board or an on-demand board.

For projects using a Change Order the Contractor shall select either Merit Binding Arbitration or Litigation as the course of action should a claim proceed to that point of the process. The Contractor's selection shall be documented on the Form 90 when it is signed.

For projects using a Revision under Ad, the Contractor's selection of either Merit Binding Arbitration or Litigation shall be made on Form 1378 at the preconstruction conference.

Immediately upon receipt of a "Notice of Dispute" contact your Area Engineer. Complete the Dispute and Claim Status Report (attached below) and send updates to your Area Engineer throughout each step of the process for tracking and reporting.

Construction Bulletins can be found on the Design and Construction Project Support web page at: http://www.dot.state.co.us/DesignSupport/

If you have questions, please contact your Area Engineer in the Project Development Branch.

Standard Special Provisions:

105dcca - final.doc 109ccd.doc

Dispute and Claim Status Report: CONSTRUCTION BULLETIN

Colorado Department of Transportation Disputes & Claims for Contract Adjustments Project Development Branch 2008 Number 2, Page 2 of 2 Date: January 17, 2008; Revised March 21, 2008

Dispute & Claim Status