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Dispute Review Board Biased Against Subs Claims Administration; Subcontractors

Sunday, November 02, 2003 05:46 pm

Dispute Review Board Biased Against Subs Claims Administration; Subcontractors

A California court has ruled that a Dispute Review Board created on a large public works project was presumptively biased against subcontractors. A sub could not be forced to submit a claim to the Board for review.

The City of San Diego awarded a contract to the joint venture of Traylor Brothers, Inc./Obayashi Corp. (TBO) to construct a 3.5 mile sewage discharge tunnel. The contract called for creation of a three-member Dispute Resolution Board. One member was selected by the City, one member was selected by TBO, and the third member was selected by the first two members, subject to the app [...]

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