Contractor Dispute & Claim Resolution Process

Dispute Review Board Candidate Approval

Interested candidates should review the CDOT DRB Code of Ethics and Nominee Disclosure Guidelines, the CDOT Standard Specifications (SS) for Road and Bridge Construction subsections 105.22 - Dispute Resolution, 105.23 - Dispute Review Board, and 105.24 - Claims for Unresolved Disputes, and the CDOT Form 1379, Dispute Review Board Three Party Agreement. The compensation details for a DRB member are included in the CDOT SS subsection 105.23 (m) - Cost and Payments.

When applying, the interested candidate should complete the CDOT DRB Candidate Solicitation Form electronically and email the completed form to [email protected]. In the email subject line, include the Candidate’s name and "DRB Candidate Selection." Please do not include any other attachments to the email.

After CDOT and the Colorado Contractors Association (CCA) review the candidate’s CDOT DRB Candidate Solicitation Form, the candidate will be notified by email if they are approved or not. If approved, the Candidate’s information and their CDOT DRB Candidate Solicitation Form will be made available to the public on the List of Dispute Review Board Candidates, as seen below.

List of Dispute Review Board Candidates 

The process for selecting DRB members is outlined in the CDOT SS subsection 105.23 (b) - Formation of Dispute Review Board.

The CDOT Project Engineer and the Contractor project staff should contact their selected DRB member to determine their availability and disclosures. The DRB member will review the CDOT DRB Code of Ethics and Nominee Disclosure Guidelines, then complete the CDOT DRB Nominee Disclosure Form, and return it to the party that contacted them. Once the DRB has three (3) members, the CDOT and Contractor selected DRB members should contact the third member to determine their availability and disclosures.

Once CDOT and the Contractor have agreed on the DRB, the Project Engineer will prepare the CDOT Form 1379, Dispute Review Board Three Party Agreement for signatures and distribution. The completed CDOT DRB Nominee Disclosure Form for each member must be attached when routing the CDOT Form 1379 for signatures. The DRB members must sign the CDOT Form 1379 first, followed by the Contractor, and finally the CDOT Chief Engineer will sign last.

DRB members may not perform work or submit invoices until the CDOT Form 1379 is fully executed. The process for DRB member reimbursement is outlined in the CDOT SS subsection 105.23 (m) - Cost and Payments and the CDOT Form 1379, Dispute Review Board Three Party Agreement.

For information only.

Code of Ethics

1. Direct Employment
   1. Current employees of any of the parties directly or indirectly involved must be prohibited from serving as Board members for the project.
   2. It is not recommended that past employees of either party serve as Board members. However, if a prospective Board member is a past employee of one of the parties directly involved, then, in addition to disclosure, permission from the other party must be obtained before agreeing to serve on the DRB.
   3. If a prospective Board member is a past employee of one of the parties indirectly involved, this must be disclosed to both parties prior to appointment to the DRB.
   4. Discussions concerning future employment of a Board member by a party directly or indirectly involved are prohibited throughout the life of the DRB.
2. Consulting Assignments
   1. Individuals who are employed in a consulting capacity by any of the parties directly involved must be prohibited from serving as Board members for the project.
   2. Individuals currently employed as a consultant by one of the parties indirectly involved must, in addition to disclosure, obtain permission from both contracting parties before agreeing to serve on the DRB.
   3. Previous employment as a consultant by any party directly or indirectly involved must be disclosed prior to appointment.
   4. Discussions with a Board member about future consulting work with one of the parties directly involved is prohibited.
   5. Board members should obtain permission from both parties prior to agreeing on future consulting for parties indirectly involved.
3. Financial Ties
   1. Individuals with current financial ties to any of the parties directly involved must be prohibited from serving as Board members for the project.
   2. Individuals with current financial ties to any of the parties indirectly involved must disclose such relationships prior to appointment.
   3. Previous financial ties with any party directly or indirectly involved must be disclosed prior to appointment to the DRB.
   4. During the course of the project, the establishment of financial ties or discussions about future such financial ties with any party directly involved is prohibited.
   5. Obtain permission from both contracting parties before discussing future financial ties with any party indirectly involved in the project.
4. Close Personal or Professional Relationships
   1. Close personal or professional relationships that could give rise to the perception of bias with a key member of any party directly or indirectly involved must be disclosed and such relationship completely understood and accepted by the parties prior to appointment to the DRB.
   2. The establishment of close personal or professional relationships with a key member of the parties directly or indirectly involved during the course of the project must be avoided. In the event that such relationships develop, Board members must disclose the nature of the relationships to both parties and offer his/her resignation if warranted.
5. Services as a DRB member on another contract involving one or more of the parties
   1. Candidates must disclose all past and current service as a Board member on projects where any of the parties directly or indirectly involved were also involved. Describe the role of the involved parties on the other project.
   2. In addition to disclosure, obtain permission from each contracting party before agreeing to serve on another DRB for a contract in which one of the contracting parties is directly involved. If one of the contracting parties is indirectly involved on the other contract, this must be disclosed along with a description of their role on the other contract.
   3. Before agreeing to serve on another DRB for a contract in which a party indirectly involved is involved on both projects, disclose this relationship to both contracting parties and obtain permission whenever the role of the indirectly involved party is significant.

These guidelines are summarized in the following table where “past” is any time prior to execution of the Dispute Review Board Three Party Agreement on this project, “current” is anytime during the life of the project, and “future” is any time after termination of the DRB on the contract.

For information only.

To request previous Dispute Review Board (DRB) Recommendations, please contact: [email protected]