Dispute Resolution Board Member Prequalification

Dispute Resolution Board General Information

The Division of Highways recognizes that situations or events occur on construction projects that contract documents do not clearly address and that may cause a dispute between the Department and Contractor.  A Dispute Resolution Board is established on certain projects to assist in resolving disputes that cannot be settled at a lower level.

Contract Administration Division maintains a list of prequalified candidates who are available to serve as chairman of a three member Dispute Resolution Board or act as a single member Dispute Resolution Board.

Prequalified Dispute Resolution Board members shall have experience interpreting construction contract documents and highway and bridge construction.

The Dispute Resolution Board prequalification statement must be completed by the prospective board member and submitted to the Contract Administration Division not less than 15 days prior to the date of a bid opening for any project that is eligible to form a Dispute Resolution Board on which the candidate wishes to serve.

A four person panel will review the Dispute Resolution Board prequalification statement.  This panel consists of the Director of Contract Administration Division, the Deputy State Highway Engineer, the State Highway Engineer, and the Commissioner of Highways.

The Director of the Contract Administration Division will issue a Certificate of Qualification and may revoke the certificate at any time without cause, except that in the case of a candidate serving on a Board, the Director may revoke the Certificate for good cause only.

The Certificate of Qualification can be issued at any time and will be valid for 24 months.  A new Dispute Resolution Board prequalification statement must be submitted after the initial certificate has expired.

The information of the Dispute resolution Board prequalification statement must be updated to reflect any changes.  

All prequalified candidates must have completed formal dispute resolution training that is approved by the Department.

A three-party or multi-party agreement is the contract that binds the Dispute Resolution Board members and contracting parties and will be signed by the Department, Contractor, and Board members after the Dispute resolution Board members have been appointed.

The maximum daily compensation for serving as a Dispute Resolution Board member will be $200.00 per hour and up to $1,200.00 per day, for each day the Board meets.  This daily rate includes salary and all expenses related to membership on the Board.  The terms of the compensation will be outlined in the three-party agreement. 

Click here to see Sample One Member DRB Third Party Agreement
Click here to see Sample Three Member DRB Third Party Agreement
Click here for Special Provision for DRB

 

Click here for PDF Application for DRB Member Prequalification

Submit the completed Dispute Resolution Prequalification Statement to:

Pamela Jarrell
Building 5, Room A-748
1900 Kanawha Blvd., E.
Charleston, WV  25305-0430
Phone: (304) 558-9237
Fax: (304) 558-2815
Email: Pamela.A.Jarrell@wv.gov

 

 

 

 

 

 

  

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