2.  Section 105.15 Where you go if you disagree on either three elements entitlement, impacts or costs  Begins with the contractors notice 5 working days after the resident engineers decision. ◦ From this point all correspondence sent certified return receipt

3.  Wydot documentation ◦ Create a file at notice or before - Start of claim manual ◦ Documentation is vital, have good practices in place from the beginning.  Regular and complete diaries, letters, photos, videos  Pay documentation  T-109s, E-78s, grading reports ◦ Other resources  Trauner manual  DCE, Construction staff

4.  Section 105.15 ◦ The Claim Package  List of supporting documentation 105.15.2  Certification  Basis for entitlement stated and supported  May have evolved over time  Correspondence- 5 day letter  Pictures  Diaries, time cards

5.  Section 105.15 ◦ The Claim Package  Impacts stated and supported  Schedules, analysis  Costs/ time extension stated and supported tied to impacts  Bid calculations  Actual costs and supporting documentation  Ask for what you need if it is not provided - certified letter  Restart 30 days  Get explanations of documents you don’t understand  Bid calculations, accounting records

6.  Analysis ◦ Focus on the three elements  Entitlement –Impact-Cost  All three elements at this stage

7.  Analysis ◦ Entitlement  Contract based evaluation  Is it a change from the bidding condition?  104.2.2 differing site conditions  Latent conditions  Unusual unknown conditions

8.  Analysis ◦ Entitlement  104.2.3 Significant changes in the character of the work  Change in character (Grading)  Changes in quantity  104.2.3 Engineer ordered suspensions  Contract provisions  LQDs, Quality assurance assessments  Warranty work(2 weeks on chip seal, plants for city)  Remove and replace quality issues

9.  Impacts ◦ Where the contractor often falls short ◦ Delays, inefficiencies, acceleration, change method and means

10. ◦ Change in method and means ◦ Delays  Critical path and noncritical path  Non-excusable  Excusable  Compensable-related to a change  Non- compensable - Force majeure  Trauner Manual  Schedule analysis  As constructed schedule vs as-planned schedule  Production analysis(measured mile)

11. Excusable Non compensable delay

13.  Costs ◦ Should be straight forward if the other two elements are done properly ◦ Costs tied to impacts  Actual costs  Force account ◦ Profit - not allowed for claims ◦ Overhead  Job overhead ok  Home office overhead - No

14.  Costs ◦ Bid price calculation and production estimates  Don’t just get the one item  Mobilization ◦ Are there mitigating impacts to costs  What is in the unit price  Fixed cost  Direct cost  Job OH  Labor

15.  Costs ◦ Contractors source documents  Labor records if there are labor cost involved  Time cards  Payrolls  Production records (crushing) What, when and how much

16.  Costs(cont) ◦ Contractors source documents  Accounting records  OH rate  Home office- Not usually recoverable  Job overhead  Equipment bare rates  canceled checks  Equipment costs  Rental agreements  Material costs  Purchase orders

17.  The Letter – last chance ◦ Certified return receipt ◦ Entitlement impacts and costs ◦ Thorough, but don’t get lost in the minutia ◦ Analysis, charts and graphs ◦ A fair tone - strict but fair  Contractor has 30 days from receipt to respond

18.  Appeal to the District Engineer ◦ The claim manual  Brief history/executive summary  Completion report  Correspondence  Numbered and tabbed, oldest is #1, appeal to the District Engineer last  Diaries -tabbed  Analysis  Charts and graphs and source documents  Schedules  Pictures  The contractors claim package

19.  Presenting to the District Engineer ◦ Agenda  General overview of the project and claim - RE  Presentation of the contractors claim - Contractor  Questions for the contractor - District engineer  Analysis of the claim and Basis for decision – RE  Questions for the RE – District Engineer  Discussion

20.  Preparation  Organize logically, like your letter  Visual aids  Power point  Know what their arguments will be  Be prepared for theatrics, be composed ◦ Show you did your best to consider their arguments  From this point on you are just the keeper of the claim manual  Appeal to the Chief engineer ◦ Wear a tie

21. Cartoon credit to Dave Kaufman