141.5 Dispute Resolution Process

The dispute resolution process provides MoDOT’s transportation partners with guidance on how to resolve project disputes and may be used at any point while pursuing innovative financing for a transportation project. As developed, the process has five basic principles:

• Resolve disputes at the lowest level possible.
• Resolve any dispute in a timely manner.
• Disputes are a professional, not a personal matter.
• All parties must agree to the spirit of the dispute resolution framework.
• “The decision of the judges is final.”

The transportation partner will need to discuss the issue with the district engineer (DE) and provide the DE with the necessary documentation supporting their concerns. This documentation may include a cost estimate of items, traffic study showing projected traffic congestions or maintenance cost of the existing facility compared to the proposed improvements. The DE will review the documentation and make a decision regarding the dispute. The DE will send a letter to the transportation partner explaining the decision made. Every effort will be made to solve the dispute at this level.

If the dispute cannot be resolved, the DE will set a meeting for the transportation partner to discuss the issue with the Chief Engineerdirector of program delivery. For this meeting, the transportation partner will need to provide all necessary documentation supporting their concerns to the director of program delivery. This documentation may include a cost estimate of items, traffic study showing projected traffic congestions or maintenance cost of the existing facility compared to the proposed improvements or any other documentation that supports their claim. The director of program delivery will review the documentations and make a decision regarding the dispute. Within two weeks of the meeting, the DE will send a letter to the transportation partner explaining the decision made by the director of program delivery or advising that more time will be needed.

If the dispute is not resolved at this level, the DE will set a meeting for the transportation partner to discuss the issue with the Cost Share Committee. The Cost Share Committee consists of the chief engineer, chief financial officer and director of program delivery. Again the transportation partner will need to provide the necessary documentation supporting their concerns as noted above to the Cost Share Committee. Within two weeks of this meeting, the DE will send a letter to the transportation partner explaining the decision made by the Cost Share Committee. This decision will be final.