Legal Problems Arising out of Highway Programs. Topic 26-02. Analysis of Arbitration and Holdings in Construction Disputes

The objective of this research is to produce a legal research digest that includes the following: (1) What state statutes or regulations are in place governing resolution of disputes? (2) What processes are DOTs using for resolution of construction disputes (e.g., contracting officer decisions, executive directors or transportation commission decisions, mediation, dispute review boards (binding) or panels (non-binding), arbitration (binding, dispute size limits, etc.), and litigation)? (3) What rules are used for the different processes (e.g., timing, makeup, and administration of panels, enforcement of contract clauses) and how do the rules affect the outcome of disputes? (4) Analysis of binding dispute process decisions to determine whether it’s a useful tool to save time and money for construction disputes. Identify: (a) contract provisions that arbitrators are typically asked to enforce; (b) fact patterns and other issues that cause arbitrators to deviate from settled law and contract terms; (c) levels of proof required to prove damages; (d) percentage of holdings that materially deviate from settled law; and (e) differences in the levels of discovery conducted between the arbitration hearings and similar court hearings.   

Language

  • English

Project

  • Status: Proposed
  • Funding: $100000
  • Contract Numbers:

    20-06/Topic 26-02

  • Sponsor Organizations:

    National Cooperative Highway Research Program

    Transportation Research Board
    500 Fifth Street, NW
    Washington, DC  United States  20001

    American Association of State Highway and Transportation Officials (AASHTO)

    444 North Capitol Street, NW
    Washington, DC  United States  20001

    Federal Highway Administration

    1200 New Jersey Avenue, SE
    Washington, DC  United States  20590
  • Project Managers:

    Chisholm-Smith, Gwen

  • Start Date: 20211102
  • Expected Completion Date: 0
  • Actual Completion Date: 0

Subject/Index Terms

Filing Info

  • Accession Number: 01787234
  • Record Type: Research project
  • Source Agency: Transportation Research Board
  • Contract Numbers: 20-06/Topic 26-02
  • Files: TRB, RIP
  • Created Date: Nov 1 2021 3:23PM