LRB-0944/1
JPC:cjs
2023 - 2024 LEGISLATURE
October 12, 2023 - Introduced by Representative Dallman. Referred to Committee
on State Affairs.
AB482,1,2
1An Act relating to: expenditure of $563,557.14 from the general fund in
2payment of a claim against the state made by Payne and Dolan, Inc.
Analysis by the Legislative Reference Bureau
This bill directs the expenditure of $563,557.14 from the general fund in
payment of a claim against the Department of Transportation by Payne and Dolan,
Inc. The claimant entered into a contract with DOT to perform work on a highway
resurfacing project in Racine and Kenosha Counties associated with DOT projects
2818-00-73, 3723-01-70, and 3765-04-70. The claimant asserted that it incurred
substantial additional expense by being required to transport asphalt and concrete
from the project site to a Kenosha County dump. The claimant claimed $563,557.14
for the cost of transporting the asphalt and concrete. DOT maintains that the
claimant was required to transport the asphalt and concrete under Article 34 of the
contract. On October 20, 2020, the claims board denied the claim because it
concluded that the claim required interpretation of the contract that would be more
appropriately evaluated by a court of law (see 2019 Senate Journal, p. 911).
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:
AB482,1
3Section
1.
Claim against the state.
AB482,2,7
1(1) There is directed to be expended from the appropriation under s. 20.505 (4)
2(d) $563,557.14 in payment of a claim against the state brought by Payne and Dolan,
3Inc., Waukesha, WI 53187, as reimbursement for work performed on department of
4transportation projects 2818-00-73, 3723-01-70, and 3765-04-70. Acceptance of
5this payment releases this state and its officers, employees, and agents from any
6further liability resulting from work performed by the claimant on department of
7transportation projects 2818-00-73, 3723-01-70, and 3765-04-70.
