Effective: June 29, 2001
Latest Legislation: House Bill 73 - 124th General Assembly
(A) The director of transportation may include in any construction contract a provision authorizing a binding dispute resolution method for any controversy subsequently arising out of the contract. The binding dispute resolution method may proceed only upon agreement of all parties to the controversy. If all parties do not agree to proceed to binding dispute resolution, a party having a claim against the department of transportation shall exhaust its administrative remedies specified in the construction contract prior to filing any action against the department in the court of claims.
No appeal from the determination of a technical expert lies to any court, except that the court of common pleas of Franklin county may issue an order vacating such a determination upon the application of any party to the binding dispute resolution if any of the following applies:
(1) The determination was procured by corruption, fraud, or undue means.
(2) There was evident partiality or corruption on the part of the technical expert.
(3) The technical expert was guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy, or of any other misbehavior by which the rights of any party have been prejudiced.
(B) The director, not later than the first day of February of every year, shall provide the governor, the attorney general, the president of the senate, and the speaker of the house of representatives with a written list detailing the claims resolved in the manner provided by division (A) of this section during the preceding calendar year.
(C) As used in this section, "binding dispute resolution" means a binding determination after review by a technical expert of all relevant items, which may include documents, and by interviewing appropriate personnel and visiting the project site involved in the controversy. "Binding dispute resolution" does not involve representation by legal counsel or advocacy by any person on behalf of any party to the controversy.
Structure Ohio Revised Code
Title 55 | Roads-Highways-Bridges
Chapter 5525 | Construction Contracts
Section 5525.01 | Advertisement for Bids - Awarding of Contracts - Odot Letting Fund.
Section 5525.011 | Complying With Federal Surface Transportation Assistance Act.
Section 5525.02 | Qualification and Classification of Bidders.
Section 5525.03 | Application for Qualification.
Section 5525.04 | Financial Statement and Financial Audit.
Section 5525.05 | Rules - Lists of Qualified Bidders.
Section 5525.06 | Subcontractor Must Be Properly Qualified.
Section 5525.061 | Subcontract Approval.
Section 5525.07 | Notification of Final Action - Prequalification Review Board.
Section 5525.08 | Disposition of Bids of Unqualified Bidders - Nonresponsive Bids.
Section 5525.09 | False Statement With Respect to Financial Worth.
Section 5525.10 | Contracts Not to Be Awarded for More Than Cost Plus Five per Cent.
Section 5525.11 | Contract Upon a Unit Price Basis.
Section 5525.12 | Lumber Deemed Material.
Section 5525.13 | Limitation of Surety Bond and Insurance.
Section 5525.14 | Written Change Orders or Orders for Extra Work.
Section 5525.15 | Cost Estimates May Be Confidential.
Section 5525.16 | Contract Performance Bond and Payment Bond.
Section 5525.17 | Failure of Contractor or Surety to Complete Work.
Section 5525.18 | Contract With Foreign Corporation.
Section 5525.19 | Payment of Costs.
Section 5525.20 | Incentive and Disincentive Contract Provisions.
Section 5525.21 | Authorizing Minimal Amount of Foreign Steel Products in Bridge Projects.
Section 5525.22 | Demolition Contracts.
Section 5525.23 | Binding Dispute Resolution for Contract Controversies.
Section 5525.25 | Warranty Specifications in Bidding Documents.