Wisconsin Senate Bill SB270

Wisconsin 2023-2024 Regular Session

• Introduced: 5/8/23
• Refer: 5/8/23
• Report Pass: 9/8/23
• Engrossed: 9/14/23
• Enrolled: 9/20/23
• Chaptered: 12/7/23
• Passed: 12/7/23

Caption

Damages claims relating to delayed relocation of utilities in a highway right-of-way and modifying administrative rules promulgated by the Department of Transportation. (FE)

Impact

The bill creates an important mechanism for contractors involved in highway improvement projects by allowing for claims related to utility relocation delays. This change is intended to protect contractors from financial loss resulting from delays that are often out of their control, thus facilitating smoother project execution and potentially speeding up highway construction timelines. Moreover, the Department of Transportation (DOT) is tasked with evaluating claims and ensuring compliance with new guidelines for utility facility owners.

Summary

Senate Bill 270 addresses the issue of delays in the relocation of utility facilities within highway right-of-ways, establishing a formal process for contractors to claim damages for delays caused by uncompleted utility relocations. The bill stipulates that if a utility facility impacts a highway improvement project, the contractor can file a claim for costs incurred due to the delay in utility relocation. This provision aims to streamline procedures and provide clearer guidelines on liability and compensation related to these utility relocations.

Contention

Some concerns have been raised regarding the implications of the bill for utility facility owners, who may find themselves liable for payments to contractors if they fail to complete relocation work according to approved plans. These provisions could create tensions between utility operators and construction contractors, particularly when delays are caused by factors outside the owners' control. There are also questions about how stringent liability measures will be implemented and whether they could lead to increased costs for utility services as owners adjust to the new requirements.