SB22-048 Summary

• CDOT must contract with a private sector expert to review the dispute review board stage of its contractual dispute resolution process and deliver a written report with recommendations by December 15, 2022.

• The department and contractor must present the report to the House Transportation and Local Government Committee and Senate Transportation and Energy Committee as part of CDOT's SMART Government Act presentation.

• CDOT shall convene an oversight committee consisting of CDOT officials, two commission members, the Colorado Contractor's Association executive director, and one member each from the House and Senate to oversee the expert's work.

• The bill cites the Hamon Infrastructure case (2020 CV 31028) where a court found CDOT breached an implied covenant of good faith by engaging in ex parte communications with a dispute review board chair, demonstrating the process does not always work as intended.

• The statute automatically repeals on July 1, 2023.