DRBF NAMES EXECUTIVE DIRECTOR - Dispute Resolution Board Foundation

Foundation Forum
Letters and E-mail to the DRBF
Your recent cover article on “Assessing 10
Years of DRBs at BART” expresses many
good ideas to be considered by an owner
when setting up a DRB for a project. I do
believe that Mr. Ruddin missed a couple of
key points in his presentation. Since I was on
the BART project mentioned in his article, I
feel compelled to comment.
First he mentioned the selection of DRB
members to sit on the Board and notes that
they should not have any affiliation with either
side for five years. The process of selection
used on the BART project was one representative
from BART side, one representative
from the contractor’s side, and the third selected
by the previous two members. The two
members could not agree on a third member,
so they submitted their candidates to BART
and the contractor. We interviewed both candidates
and unanimously selected the candidate
to serve as the DRB chairman. This
worked well with the strong opinions of the
members of our Board.
Second point, which was overlooked in the
article, was the fact that, from the contractor’s
perspective, we looked very hard at our position
on each matter considered to go to the
DRB> After making several strong attempts
to reach an equitable settlement and if we had
a strong case, we took it to the DRB. What
this means is that when the owner becomes
unreasonable, you need a third party to listen
to the facts and render a decision on the facts
and all parties agree to abide by the decision.
Thus in most of our issues brought before the
DRB, we prevailed with a strong position
with a unanimous decision by the DRB. The
use of attorneys on a DRB who have little or
no construction experience serves no value to
the betterment of the DRB process.
If BART produced a quality, workable and
clear specification without having their lawyers
try to be cute with the documents, the
DRB and its decisions would be greatly
minimized.
If owners consider a decision against them is
unrealistic, it demonstrates their “head in the
sand” attitude toward their poorly written
specifications.
Without our DRB to hear our rational issues,
our project could have experienced an extremely
confrontational contract with possible
litigation.
I think that BART needs to take a realistic
look at the value of the DRB and accept the
recommendations rather than ignoring any
decision rendered against them leaving a sour
taste in BART’s palate.
Ed Ritchie
Member, DRBF
Deputy Project Manager, Tutor-Saliba
BART Extension to the San Francisco
Airport Project
Post Your Resume On-Line
As a member, you can post a short resume free of charge on the DRBF website.
Let others know that you are interested in serving on DRBs.
Just go to www.drb.org
and click on
Member Resumes
and
Add Resume
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