GUEST COMMENTARY

The survey results reveal that one of the primary drivers of disputes has been the contractor/subcontractor failing to understand and/or comply with its contractual obligation. This is consistent with what we are experiencing in Connecticut. The Connecticut Department of Transportation (ConnDOT) has been moving away from "method" specifications towards "performance-related" specifications, and in addition, has revised numerous specifications to clearly shift the Quality Control responsibilities to the contractor. These and other advancements in the industry have led to more sophisticated specifications. The use of alternative delivery methods increases the use of these types of specifications. Contractors/subcontractors need to understand these significant specification changes when bidding on projects.

Poorly drafted or incomplete and unsubstantiated claims is another prevalent cause for a dispute. ConnDOT has a Claims specification that details the support required and a significant number of disputes/claims still fall short in providing proper support. Non-compliance with that specification leads to additional time and expense in the resolution process.

As highlighted in this report, the human element and good working relationships are essential in the equitable and expeditious resolution of disputes. Presuming that the owner and contractor are fair and reasonable, the vast majority of disputes should be able to be resolved prior to proceeding to a more formal dispute resolution forum. Collaboration and a "partnering" philosophy are key in the successful resolution of disputes and in today's climate. The earlier a dispute can be amicably resolved, the more cost efficient it is for all parties.

ConnDOT has already received numerous contractor notices of project impacts due to COVID-19. ConnDOT's contractual language supports a non-compensable time extension as the appropriate cure if the project's critical path is delayed due to any COVID-19 impacts. Pro-active resolution of COVID-19-related issues will be key in keeping projects moving and reducing costs. During Connecticut's COVID-19 public restrictions, our focus has been to keep our existing projects progressing. In Connecticut, our average daily traffic has decrease approximately 50% of normal due to public restrictions. ConnDOT is taking advantage of the significant reduction in traffic to implement strategies to increase productivity. Revising the limits of operations to allow longer periods of lane reductions and allowing the increased use of detours and ramp closures will reduce project schedules or mitigate any potential project delays associated with COVID-19. ConnDOT has also requested that all of our contractors update their Health & Safety Plans to include COVID-19 measures. In addition, it will be essential for contractors to have agility in executing the work, considering actions like procuring materials from alternate sources and taking advantage of relaxed limits of operations.

To overcome the impacts of COVID-19 on construction projects, flexibility by the owner and cooperation by the contractor will be essential. All project participants will need to be flexible as we move through and overcome the effects of the pandemic on the industry.

JAMES P. CONNERY, PE
Transportation Division Chief
Bureau of Engineering and Construction
Connecticut Department of Transportation