Wisconsin Senate Bill SB50

Wisconsin 2023-2024 Regular Session

• Introduced: 2/14/23
• Refer: 2/14/23
• Failed: 4/15/24

Caption

Expenditure of $201,197.70 from the general fund for payment of a claim against the state made by Pheifer Brothers Construction Co., Inc. (FE)

Impact

The approval of SB50 would resolve the financial dispute between the DOT and Pheifer Brothers by providing compensation for the additional costs claimed by the contractor. This bill, if enacted, would not only relieve the state of further legal liability regarding this specific claim but also highlight the complexities that can arise in state contracts related to construction and infrastructure projects. The successful passage of such legislation may serve as a precedent for similar future claims against the state in Wisconsin.

Summary

Senate Bill 50 concerns the allocation of $201,197.70 from the general fund to settle a claim positioned by Pheifer Brothers Construction Co., Inc. This company had entered into a contract with the Department of Transportation (DOT) to work on the Ahnapee River Bridge project in Kewaunee County. The claim arose due to alleged discrepancies between the actual subsurface conditions encountered during the project and those that were documented in the original bidding materials. Pheifer Brothers argued that these discrepancies led them to incur substantial unexpected expenses, necessitating design modifications to the project.

Contention

A key point of contention within the context of SB50 centers around the differing accounts of subsurface conditions. The DOT has denied the contractor's assertions, contending that any changes made to project designs were at the request of Pheifer Brothers to better fulfill the terms of the contract rather than arising from unforeseen circumstances. This discrepancy raises questions about accountability and responsibility in public contracting and the potential for litigation in cases where contracts become contested over perceived issues with documentation and project execution.