LRB-0945/1
JPC:cjs
2023 - 2024 LEGISLATURE
October 12, 2023 - Introduced by Representative Dallman. Referred to Committee
on State Affairs.
AB483,1,2
1An Act relating to: expenditure of $927,428.70 from the general fund in
2payment of a claim against the state made by Zenith Tech, Inc.
Analysis by the Legislative Reference Bureau
This bill directs expenditure of $927,428.70 from the general fund in payment
of a claim against the Department of Transportation by Zenith Tech, Inc. The
claimant entered into a contract with DOT to remove and reconstruct the West
Milwaukee Street Stock River Bridge in Janesville, Wisconsin. The claimant asserts
that the water levels on site were dangerously high throughout much of the project
and created site conditions materially different than those indicated in the contract
documents and that the changed conditions resulted in delays and additional
expenses. Due to site conditions, the claimant requested DOT delay the start of the
project which DOT refused. DOT maintains that the claimant should not have relied
on the hydraulic information in the project specification, that the claimant should
not have relied on specific river conditions that were subject to change, and that the
claimant was responsible for choosing the means and methods for performing its
work. The claimant asserted it is entitled to an equitable adjustment in the contract
price and requested $471,926.70 for additional costs, $276,902.00 for winter
inefficiency costs, and reversal of $165,600.00 in liquidated damages imposed by
DOT. On September 7, 2021, the claims board denied the claim because it concluded
that the claimant did not demonstrate the criteria necessary to justify a change in
work order under the contract, and that the claimant has raised questions of fact
regarding its request to delay the project's start date that are better evaluated by a
court of law (see 2021 Assembly Journal, p. 488).
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:
AB483,1
1Section
1.
Claim against the state.
AB483,2,72
(1) There is directed to be expended from the appropriation s. 20.505 (4) (d)
3$927,428.70 in payment of a claim against the state brought by Zenith Tech, Inc.,
4Waukesha, WI 53187, as reimbursement for work performed on department of
5transportation project 5990-00-34. Acceptance of this payment releases this state
6and its officers, employees, and agents from any further liability resulting from work
7performed by the claimant on department of transportation project 5990-00-34.
