Wisconsin Assembly Bill AB913

Wisconsin 2023-2024 Regular Session

• Introduced: 1/4/24
• Refer: 1/4/24
• Failed: 4/15/24

Caption

Expenditure of $8,630,650.62 from the general fund for payment of a claim against the state made by Walsh Construction. (FE)

Impact

The passage of AB913 would provide a direct financial resolution to a legal dispute concerning construction work done for the state. This expenditure marks an important decision in how the state addresses claims from contractors, potentially setting a precedent for future claims that may arise under similar circumstances. It illustrates the financial implications of state contracts and the responsibility of the government to manage these agreements effectively while considering unforeseen construction challenges.

Summary

Assembly Bill 913 (AB913) is a legislative measure that authorizes the expenditure of $8,630,650.62 from the state’s general fund to settle a claim made by Walsh Construction against the Wisconsin Department of Transportation (DOT). The claim arose from a construction contract related to the I-94 Freeway North Package Project, where the contractor contended that unforeseen topographical issues resulted in significant additional costs and delays. Walsh Construction asserted that these differing site conditions warranted additional compensation, which the DOT initially contested, leading to this legislative proposal for financial redress.

Contention

Notable points of contention related to this bill include the differing perspectives on the necessity of the additional payment. While the Dispute Resolution Board recommended compensation based on its findings regarding the project's conditions, DOT has countered that it fulfilled its contractual obligations by compensating for the direct costs but drew the line at acceleration costs and associated penalties. The crux of the dispute highlights the complexities often found in construction contracts, particularly concerning how unforeseen conditions are handled and the contractual language that dictates liability and responsibility.

Overall_importance

As a legislative act, AB913 underscores the necessity for clear communication and structure within state contracts. It calls attention to the need for transparency in contractor relations and the management of public funds in addressing grievances. By directly addressing the financial claims of Walsh Construction, this bill aims to expedite resolution and ensure the continuity of infrastructure projects critical to the state's transportation network.