One-Hundred and Seventh Regular Session
MONDAY, August 4, 2025
The Chief Clerk made the following entries under the above date.
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Chief Clerk's Entries
Amendments Offered
hist207773Senate Substitute Amendment 1 to Senate Bill 273 offered by Senator Wimberger. _____________
Petitions and Communications
hist207790Pursuant to Senate Rule 17 (5), Representative Snodgrass added as a cosponsor of Senate Bill 168. hist207791Pursuant to Senate Rule 17 (5), Representative J. Jacobson added as a cosponsor of Senate Bill 264. hist207792Pursuant to Senate Rule 17 (5), Representative J. Jacobson added as a cosponsor of Senate Bill 318. hist207793Pursuant to Senate Rule 17 (5), Representative J. Jacobson added as a cosponsor of Senate Bill 373. _____________
State of Wisconsin
Legislative Reference Bureau
August 1, 2025
The Honorable, the Legislature:
The following rules have been published in the August 1, 2025 Wisconsin Administrative Register No. 835: Clearinghouse Rules Effective Date(s)
Sincerely,
JILL KAUFFMAN
Senior Legislative Editor
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State of Wisconsin
Claims Board
August 5, 2025
Pursuant to Wis. Stat. § 16.007 (5), attached is the report of the State Claims Board covering the claims considered at the July 11, 2025, meeting of the Board. This report is for the information of the Legislature, The Board would appreciate your acceptance and publication of it in the Journal to inform the members of the Legislature.
Sincerely,
JENNIFER L. VANDERMEUSE
Secretary
STATE OF WISCONSIN CLAIMS BOARD
On July 11, 2025, the State of Wisconsin Claims Board met in the State Capitol Building and via Zoom to consider the claims listed below:
Hearings were conducted for the following claims:
Claimant Agency Amount
11. David Bintz Innocent $2,159,328.45 Convict Compensation
22. Robert Bintz Innocent $2,153,698.20 Convict Compensation
The following claim was decided without hearing:
Claimant Agency Amount
33. Integrity Grading Transportation $1,468,676.24 and Excavating, Inc.
With respect to the claims, the Board finds:
(Decisions are unanimous unless otherwise noted.)
1. David Bintz. The Board defers its decision on David Bintz’ innocent convict compensation claim until a later date in order to obtain additional information from the parties.
2. Robert Bintz. The Board’s conclusion on Robert Bintz’ claim for innocent convict compensation will be issued in a separate decision.
3. Integrity Grading and Excavating, Inc. of Schofield, Wisconsin, claims $1,468,676.24 for expenses incurred beyond the amount awarded pursuant to a contract with the Wisconsin Department of Transportation (WisDOT). Integrity was awarded a contract for approximately $25.9 million, for Project ID 5992-11-31/32/33 – reconstruction of University Avenue in Madison. It is noted that the contract was a completion-date contract, with an interim milestone of October 16, 2022 (end of Stage 3) and a final completion date of August 14, 2023. Integrity indicates that the project experienced significant delays due to multiple factors beyond its control and, as a result, Integrity incurred expenses beyond the contract. Integrity notes that the project’s schedule and costs were adversely impacted, resulting in liquidated damages and increased expenses for Integrity. Integrity submitted a 5-Day Written Statement to WisDOT on July 10, 2024, outlining key issues encountered and associated compensation requests, including (and outlined in detail in Integrity’s claim:
• Paving Delay Due to Existing Box Culvert;
• Material Supply Chain Issues;
• Utility Work and Lane Closures by MGE Gas;
• Bus Rapid Transit Project Interference;
• 96” Trunkline Joint Gap Tolerance Issues
• 96” RCP Pipe Alignment Issues
• Box Culvert Elevation at Marshall Court
• Liquidated Damages
Integrity notes that WisDOT responded to the statement and acknowledged Integrity’s entitlement to $3,060.00 for additional maintenance costs related to the Existing Box Culvert, and the amount requested by Integrity for the 96” Trunkline Joint Gap Tolerance issue was reduced, bringing the total consideration sought by Integrity to $1,473,032.86.
Integrity now seeks the full amount in its July 10, 2024 statement, with additional adjustments, totaling $1,468,676.24:
• Paving Delay Due to Existing Box Culvert: $7,920.00;
• Material Supply Chain Issues: $21,750.00;
• Utility Work and Lane Closures by MGE Gas: $130,500.00;
• Bus Rapid Transit (BRT) Project Interference: Supports forgiveness of LDs;
• 96” Trunkline Joint Gap Tolerance Issues: $243,905.14;
• 96” RCP Pipe Alignment Issues: $129,345.10;
• Box Culvert Elevation at Marshall Court: Included above in #1 and supports forgiveness of LDs;
• Incorrect assessment of Liquidated Damages: $935,250.00.
Lastly, Integrity outlines items it believes WisDOT missed in its review, which it contends supports the claim:
• Impact by COVID-19 on the pipe procurement issues.
• Integrity conformed to County Material’s recommended procedures, and WisDOT (through the Region) converted the performance specification that Integrity bid on into an 11th hour prescriptive specification that forced Integrity to perform extra work as defined by Standard Specification Section 101.3.
• The poor design provided by WisDOT, which failed to account for horizontal movement of the 96-inch RCP or incorporate elements to mitigate the adverse effects of that movement, required Integrity to perform extra work as defined in Standard Specification Section 101.3.
• The lane closures authorized for MGE Gas, the mistaken location of the Box Culvert and other design flaws and external facts make the imposition of liquidated damages an inappropriate punishment and not a reflection of actual damages caused by Integrity.
Integrity requests “a swift decision [by the Claims Board] that will allow Integrity to move this matter toward its ultimate disposition in Circuit Court.”
WisDOT recommends denial of this claim in its entirety, expect for a concession of $3,060.00 in additional maintenance costs that WisDOT is willing to reimburse. WisDOT notes that this limited amount, which WisDOT previously identified and the Review Panel supported, represents the only extra cost shown to be directly attributable to a project issue that resulted in additional compensable work. WisDOT contends that no further compensation or liquidated damage relief is warranted or legally permissible.
