Wisconsin Assembly Bill AB483

Wisconsin 2023-2024 Regular Session

• Introduced: 10/12/23
• Refer: 10/12/23
• Failed: 4/15/24

Caption

Expenditure of $927,428.70 from the general fund in payment of a claim against the state made by Zenith Tech, Inc. (FE)

Impact

This bill aims to resolve the financial dispute between Zenith Tech and the state by allocating the necessary funds from the general fund. Acceptance of this expenditure will release the state and its officers from any further liabilities regarding Zenith Tech's work on the project. This action signifies a governmental acknowledgment of the challenges faced by the contractor during the project, thus impacting the financial obligations and risk factors typically associated with public contracts. Moreover, this expenditure may set a precedent for how similar claims are handled in the future.

Summary

Assembly Bill 483 involves the expenditure of $927,428.70 from the general fund in payment of a claim brought by Zenith Tech, Inc. against the Wisconsin Department of Transportation (DOT). The claim arose from a contract regarding the removal and reconstruction of the West Milwaukee Street Stock River Bridge in Janesville, Wisconsin. Zenith Tech asserted that unusually high water levels created dangerous working conditions, leading to delays and increased costs that were not accounted for in the original project documents.

Contention

The discussions surrounding AB483 may highlight notable contention regarding the responsibilities of contractors in managing unforeseen circumstances. DOT contended that Zenith Tech should not have relied on specific hydraulic information provided in contractual documents, implying that responsibility for project execution lay with the contractor. This raises broader questions about the adequacy of risk management policies in public contracts and the level of support and guidance provided by state agencies in the face of unpredictable environmental conditions.