Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1164 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-3739/1
2	2	JPC:skw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1164
5	5	March 22, 2024 - Introduced by Representative BROOKS. Referred to Committee on
6	6	State Affairs.
7	7	AN ACT relating to: expenditure of $213,302.77 from the general fund in
8	8	payment of a claim against the state made by JRT Top Notch Roofs, LLC.
9	9	Analysis by the Legislative Reference Bureau
10	10	This bill directs the expenditure of $213,302.77 from the general fund in
11	11	payment of a claim against the Department of Administration by JRT Top Notch
12	12	Roofs, LLC. The claimant entered into a contract with DOA to replace the roof of
13	13	Esker Hall at the University of Wisconsin-Whitewater. The claimant asserts that
14	14	the bid documents stated that the project would begin “on or before” a date provided
15	15	in the notice to proceed and that the notice to proceed stated that the project would
16	16	begin “on or before” May 17, 2021. The claimant claims that the claimant submitted
17	17	a tentative schedule with a start date of April 5, 2021, which was rejected by DOA.
18	18	The claimant asserts that the later start date affected its ability to acquire project
19	19	materials in a timely manner and that DOA refused to negotiate the start date in
20	20	good faith. The claimant claims that, despite its best efforts to meet DOA demands,
21	21	DOA stopped communicating with the claimant and terminated the contract. The
22	22	claimant asserts that the schedules it proposed were contractually compliant and
23	23	that DOA had no right to terminate the contract. The claimant demands that DOA
24	24	rescind the contract termination and reinstate the claimant on the project.
25	25	Alternatively, if the claimant is not allowed to complete the project, the claimant
26	26	requests $213,302.77 in lost revenue. DOA concedes that the notice to proceed
27	27	inadvertently stated that work would begin “on or before” May 17, 2021. However,
28	28	DOA maintains that the contract signed by the claimant stated that work was to
29	29	begin “on or after” the date specified in the notice to proceed, that the bid documents
30	30	1
31	31	2 - 2 -2023 - 2024 Legislature LRB-3739/1
32	32	JPC:skw
33	33	ASSEMBLY BILL 1164
34	34	clearly stated that mobilization was not scheduled to take place until June 2021, and
35	35	that any alleged confusion was resolved when DOA informed the claimant that it
36	36	would not be permitted to mobilize until May 17, 2021. To the extent there was any
37	37	confusion in the bid documents, DOA asserts that bidders were to notify DOA prior
38	38	to the bid opening, which the claimant did not do. In response to the claimant's
39	39	concerns about procuring materials, DOA asserts that it proposed extending the
40	40	completion deadline by 16 days. DOA further notes that the contract allowed the
41	41	claimant to obtain and request reimbursement for offsite materials storage. DOA
42	42	maintains that any difficulties obtaining project materials were caused by the
43	43	claimant's failure to purchase those materials in a timely manner. On July 21, 2022,
44	44	the claims board denied the claim because it concluded that the claim raises
45	45	questions of fact that are better evaluated by a court of law (see 2021 Senate Journal,
46	46	p. 975).
47	47	For further information see the state fiscal estimate, which will be printed as
48	48	an appendix to this bill.
49	49	The people of the state of Wisconsin, represented in senate and assembly, do
50	50	enact as follows:
51	51	SECTION 1.0Claim against the state. There is directed to be expended from
52	52	the appropriation under s. 20.505 (4) (d) $213,302.77 in payment of a claim against
53	53	the state brought by JRT Top Notch Roofs, LLC, Milwaukee, WI 53213, to
54	54	compensate the claimant for a contract terminated by the department of
55	55	administration related to the Esker Hall roof replacement project at the University
56	56	of Wisconsin-Whitewater. Acceptance of this payment releases this state and its
57	57	officers, employees, and agents from any further liability resulting from the
58	58	termination of the contract between the claimant and the department of
59	59	administration.
60	60	(END)
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