LRB-3739/1
JPC:skw
2023 - 2024 LEGISLATURE
March 22, 2024 - Introduced by Representative Brooks. Referred to Committee on
State Affairs.
AB1164,1,2
1An Act relating to: expenditure of $213,302.77 from the general fund in
2payment of a claim against the state made by JRT Top Notch Roofs, LLC.
Analysis by the Legislative Reference Bureau
This bill directs the expenditure of $213,302.77 from the general fund in
payment of a claim against the Department of Administration by JRT Top Notch
Roofs, LLC. The claimant entered into a contract with DOA to replace the roof of
Esker Hall at the University of Wisconsin-Whitewater. The claimant asserts that
the bid documents stated that the project would begin “on or before” a date provided
in the notice to proceed and that the notice to proceed stated that the project would
begin “on or before” May 17, 2021. The claimant claims that the claimant submitted
a tentative schedule with a start date of April 5, 2021, which was rejected by DOA.
The claimant asserts that the later start date affected its ability to acquire project
materials in a timely manner and that DOA refused to negotiate the start date in
good faith. The claimant claims that, despite its best efforts to meet DOA demands,
DOA stopped communicating with the claimant and terminated the contract. The
claimant asserts that the schedules it proposed were contractually compliant and
that DOA had no right to terminate the contract. The claimant demands that DOA
rescind the contract termination and reinstate the claimant on the project.
Alternatively, if the claimant is not allowed to complete the project, the claimant
requests $213,302.77 in lost revenue. DOA concedes that the notice to proceed
inadvertently stated that work would begin “on or before” May 17, 2021. However,
DOA maintains that the contract signed by the claimant stated that work was to
begin “on or after” the date specified in the notice to proceed, that the bid documents
clearly stated that mobilization was not scheduled to take place until June 2021, and
that any alleged confusion was resolved when DOA informed the claimant that it
would not be permitted to mobilize until May 17, 2021. To the extent there was any
confusion in the bid documents, DOA asserts that bidders were to notify DOA prior
to the bid opening, which the claimant did not do. In response to the claimant's
concerns about procuring materials, DOA asserts that it proposed extending the
completion deadline by 16 days. DOA further notes that the contract allowed the
claimant to obtain and request reimbursement for offsite materials storage. DOA
maintains that any difficulties obtaining project materials were caused by the
claimant's failure to purchase those materials in a timely manner. On July 21, 2022,
the claims board denied the claim because it concluded that the claim raises
questions of fact that are better evaluated by a court of law (see 2021 Senate Journal,
p. 975).
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1164,1
1Section
1.
Claim against the state. There is directed to be expended from
2the appropriation under s. 20.505 (4) (d) $213,302.77 in payment of a claim against
3the state brought by JRT Top Notch Roofs, LLC, Milwaukee, WI 53213, to
4compensate the claimant for a contract terminated by the department of
5administration related to the Esker Hall roof replacement project at the University
6of Wisconsin-Whitewater. Acceptance of this payment releases this state and its
7officers, employees, and agents from any further liability resulting from the
8termination of the contract between the claimant and the department of
9administration.
