SR 169 — TRANSPORTATION/DEV DEPT: Directs the Department of Transportation and Development to establish a two-year minimum pilot program for the use of dispute review boards on certain highway and transportation construction projects.

SLS 26RS-4435 ORIGINAL Regular Session ENROLLED SENATE RESOLUTION NO.

169 BY SENATOR WHEAT TRANSPORTATION/DEVA DEPT.RESOLUTION To direct the Department of Transportation and Development to establish and study a two-year pilot program for the use of dispute review boards on certain highwayand transportation construction projects beginning in the state fiscal year commencing July 1, 2026, and to report to the Senate Committee on Transportation, Highways and Public Works concerning implementation and results of the pilot program.

Directs the Department of Transportation and Development to establish a two-year minimum pilot program for the use of dispute review boards on certain highway and transportation construction projects.

A RESOLUTION To direct the Department of Transportation and Development to establish and study a two-year pilot program for the use of dispute review boards on certain highwayand transportation construction projects beginning in the state fiscal year commencing July 1, 2026, and to report to the Senate Committee on Transportation, Highways and Public Works concerning implementation and results of the pilot program.

and WHEREAS, a dispute review board is an independent panel composed of at least three members establishedatthebeginningofestablished aat constructionthe beginningofaconstruction project to assist the owner and contractor in avoiding disputes and resolving disputes early through informed, neutral, project-specific recommendations;

and WHEREAS, dispute review boards are particularly useful on large, complex, or high-risktransportationprojectsinvolvingdisputesconcerningcontractinterpretation,extra Pagework,differingsiteconditions,quantities,payment,delay,acceleration,disruption,andother 1matters ofarising 4out SLSof 26RS-4435contract ORIGINALperformance; SR NO.

169and work,differingsiteconditions,quantities,payment,delay,acceleration,disruption,andotherWHEREAS, mattersa arisingdispute outreview board process is advisory and nonbinding, preserves the rights and defenses of contractthe performance;Department of Transportation and Development and its contractors,anddoesnotalter,amend,orexpandthetermsoftheconstructioncontract;and WHEREAS, the Department of Transportation and Development should evaluate Page 1 of 4 SR NO.

and169 WHEREAS,ENROLLED a dispute review board process is advisory and nonbinding, preserves the rights and defenses of the Department of Transportation and Development and its contractors,anddoesnot alter,amend,orexpandthetermsoftheconstructioncontract;and WHEREAS, the Department of Transportation and Development should evaluate best practices used by other state transportation agencies and follow the example of fifteen state departments of transportation around the country that have used dispute review board processes or similar dispute avoidance and resolution procedures on transportation construction projects;

THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana does hereby direct the Department of Transportation and Development to study, establish and implement aadispute disputereviewboardpilot reviewboardprogram pilotfor programfortwoyears,forappropriatehighwaytwo andyears, transportationfor constructionappropriatehighway projects,beginningduringthestatefiscalyearcommencingandtransportationconstructionprojects,beginning duringthe state fiscalyearcommencing July1, 2026, continuing for not lesslessthantwofiscalyears,with thantwofiscalyears,withnolessthanfiveprojects nolessthanfiveprojectsperper fiscal year.

PageBE 2IT FURTHER RESOLVED that each dispute review board consist of 4members SLSselectedfromarosterofqualifiedandindependentcandidatesmaintainedbythedepartment 26RS-4435in ORIGINALconsultation SRwith NO.representatives of the transportation construction industry and other appropriate stakeholders including:

169 BE IT FURTHER RESOLVED that each dispute review board consist of members selectedfromarosterofqualifiedandindependentcandidatesmaintainedbythedepartment in consultation with representatives of the transportation construction industry and other appropriate stakeholders including:

(3)Page One2 memberof selected4 bytheSR firstNO. two members who will serve as chairman.

169 ENROLLED (3) One member selected bythe first two members who will serve as chairman.

PageBE 3IT ofFURTHER 4RESOLVED SLSthat 26RS-4435participation ORIGINALin SRa NO.dispute review board process will not automatically extend legal or contractual deadlines, waive claim preservation requirements, or waive anyrights or defenses unless expresslyprovided bycontract or law.

169 BE IT FURTHER RESOLVED that participation in a dispute review board process will not automatically extend legal or contractual deadlines, waive claim preservation requirements, or waive anyrights or defenses unless expresslyprovided bycontract or law.

BEPage IT3 FURTHER RESOLVED that the department is directed to submit a written interim report not later than March 1, 2027, concerning the department's progress, selected pilot projects, project selection criteria, candidate qualification criteria, standard contract provisions,anticipatedcosts,andimplementationscheduleandsubmitafinalreportnotlater than June 30, 2028, concerning the results of the4 pilotSR program,NO. including the number and typeofprojectsincluded,thenumberandtypeofdisputesreferredtodisputereviewboards, programcosts,timelinessofrecommendations,acceptanceorrejectionofrecommendations, any observed reduction in claims or litigation, and the department's recommendation as to whether the program should be continued, modified, expanded, or made permanent to the president of the Senate, the Senate Committee on Transportation, Highways and Public Works, and the David R.

169 ENROLLED BE IT FURTHER RESOLVED that the department is directed to submit a written interim report not later than March 1, 2027, concerning the department's progress, selected pilot projects, project selection criteria, candidate qualification criteria, standard contract provisions,anticipatedcosts,andimplementationscheduleandsubmitafinalreportnotlater than June 30, 2028, concerning the results of the pilot program, including the number and typeofprojectsincluded,thenumberandtypeofdisputesreferredtodisputereviewboards, programcosts,timelinessofrecommendations,acceptanceorrejectionofrecommendations, any observed reduction in claims or litigation, and the department's recommendation as to whether the program should be continued, modified, expanded, or made permanent to the president of the Senate, the Senate Committee on Transportation, Highways and Public Works, and the David R.

ThePRESIDENT originalOF instrumentTHE andSENATE thePage following4 digest, which constitutes no part of the4 legislative instrument, were prepared bySenate Legislative Services.

The keyword, summary, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] DIGEST SR 169 Original 2026 Regular Session Wheat DirectstheDepartmentofTransportationandDevelopmenttoestablishandstudyatwo-year pilot program for the use of dispute review boards on certain highway and transportation construction projects beginning in the state fiscal year July 1, 2026.

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