Framework Development of Performance-Based Striping Maintenance Contracts

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Journal of Legal Affairs and Dispute Resolution in Engineering and Construction

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State DOTs have been using traditional contracts with prescriptive specifications to procure road maintenance work. However, performance-based contracts (PBCs) have been used for design-build (DB) projects after the DB project delivery method was introduced in the construction of highways. However, state DOTs are lagging behind in using PBCs in road maintenance work. Therefore, there is a knowledge gap about how to prepare, procure, and implement PBCs for road maintenance work. To fill this gap, the authors conducted a series of interviews with state DOT maintenance engineers, as well as professional experts in this area, to develop a framework for striping maintenance contracts. The framework consists of three phases: contract document preparation, contract procurement, and contract implementation. The step-by-step process of how to create contract documents as well as how to procure PBC for maintenance works and implement them are laid out in this study. A panel of 42 members, consisting of state DOT engineers and professional experts, was created to conduct a Delphi study to investigate various issues related to PBCs for striping maintenance work. The study developed a visual representation framework to prepare, procure, and implement performance-based striping maintenance contracts. The results of this study are presented in the framework, which consists of 15 common issues in PBC striping contracts. Recommendations related to legal issues arising from this type of contract are also highlighted.


Striping; Performance-based contracting; Delphi technique


Civil and Environmental Engineering



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