| 1 | 1 | | LRB-0944/1 |
|---|
| 2 | 2 | | JPC:cjs |
|---|
| 3 | 3 | | 2023 - 2024 LEGISLATURE |
|---|
| 4 | 4 | | 2023 ASSEMBLY BILL 482 |
|---|
| 5 | 5 | | October 12, 2023 - Introduced by Representative DALLMAN. Referred to Committee |
|---|
| 6 | 6 | | on State Affairs. |
|---|
| 7 | 7 | | ***AUTHORS SUBJECT TO CHANGE*** |
|---|
| 8 | 8 | | AN ACT relating to: expenditure of $563,557.14 from the general fund in |
|---|
| 9 | 9 | | payment of a claim against the state made by Payne and Dolan, Inc. |
|---|
| 10 | 10 | | Analysis by the Legislative Reference Bureau |
|---|
| 11 | 11 | | This bill directs the expenditure of $563,557.14 from the general fund in |
|---|
| 12 | 12 | | payment of a claim against the Department of Transportation by Payne and Dolan, |
|---|
| 13 | 13 | | Inc. The claimant entered into a contract with DOT to perform work on a highway |
|---|
| 14 | 14 | | resurfacing project in Racine and Kenosha Counties associated with DOT projects |
|---|
| 15 | 15 | | 2818-00-73, 3723-01-70, and 3765-04-70. The claimant asserted that it incurred |
|---|
| 16 | 16 | | substantial additional expense by being required to transport asphalt and concrete |
|---|
| 17 | 17 | | from the project site to a Kenosha County dump. The claimant claimed $563,557.14 |
|---|
| 18 | 18 | | for the cost of transporting the asphalt and concrete. DOT maintains that the |
|---|
| 19 | 19 | | claimant was required to transport the asphalt and concrete under Article 34 of the |
|---|
| 20 | 20 | | contract. On October 20, 2020, the claims board denied the claim because it |
|---|
| 21 | 21 | | concluded that the claim required interpretation of the contract that would be more |
|---|
| 22 | 22 | | appropriately evaluated by a court of law (see 2019 Senate Journal, p. 911). |
|---|
| 23 | 23 | | For further information see the state fiscal estimate, which will be printed as |
|---|
| 24 | 24 | | an appendix to this bill. |
|---|
| 25 | 25 | | The people of the state of Wisconsin, represented in senate and assembly, do |
|---|
| 26 | 26 | | enact as follows: |
|---|
| 27 | 27 | | SECTION 1.0Claim against the state. |
|---|
| 28 | 28 | | 1 |
|---|
| 29 | 29 | | 2 |
|---|
| 30 | 30 | | 3 - 2 -2023 - 2024 Legislature LRB-0944/1 |
|---|
| 31 | 31 | | JPC:cjs |
|---|
| 32 | 32 | | SECTION 1 ASSEMBLY BILL 482 |
|---|
| 33 | 33 | | (1) There is directed to be expended from the appropriation under s. 20.505 (4) |
|---|
| 34 | 34 | | (d) $563,557.14 in payment of a claim against the state brought by Payne and Dolan, |
|---|
| 35 | 35 | | Inc., Waukesha, WI 53187, as reimbursement for work performed on department of |
|---|
| 36 | 36 | | transportation projects 2818-00-73, 3723-01-70, and 3765-04-70. Acceptance of |
|---|
| 37 | 37 | | this payment releases this state and its officers, employees, and agents from any |
|---|
| 38 | 38 | | further liability resulting from work performed by the claimant on department of |
|---|
| 39 | 39 | | transportation projects 2818-00-73, 3723-01-70, and 3765-04-70. |
|---|
| 40 | 40 | | (END) |
|---|
| 41 | 41 | | 1 |
|---|
| 42 | 42 | | 2 |
|---|
| 43 | 43 | | 3 |
|---|
| 44 | 44 | | 4 |
|---|
| 45 | 45 | | 5 |
|---|
| 46 | 46 | | 6 |
|---|
| 47 | 47 | | 7 |
|---|
| 48 | 48 | | 8 |
|---|