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5 Washington Metropolitan Area Transit Authority Successful Uses of Dispute Resolution Best Practices
Pages 21-24

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From page 21...
... Metrorail system is a landmark in civil engineering history, one of 40 "Projects of the Century" recognized in November 2002 by the American Society of Civil Engineers. Among its peer projects in national infrastructure are the Hoover Dam, the Panama Canal, the Empire State Building, the Brooklyn and Golden Gate Bridges, and the Erie Canal.
From page 22...
... The following anticipated benefits were a motivating factor: • Early resolution of disputes, • A climate of understanding and environment of cooperation between the parties, • A reduced backlog of issues and claims, • Limited posturing by the parties, • Simple, transparent, consensual procedures, and • Cost effectiveness. Former and current directors of WMATA's Office of Construction led the effort to establish DRB and partnering provisions that have been part of all major construction contracts since 1993.
From page 23...
... under the Wunderlich Standard. Under Wunderlich, the court's review is limited to determining whether the decision is "fraudulent or capricious or arbitrary or so grossly erroneous as to necessarily imply bad faith, or is not supported by substantial evidence." In summary, a DRB is necessary for any organization that undertakes major construction with major contractors in a complex environment.


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