LRB-4580/1
JTK:skg:ks
1995 - 1996 LEGISLATURE
October 12, 1995 - Introduced by Representative Ladwig, cosponsored by Senator
Petak. Referred to calendar.
AB623,1,3
1An Act relating to: the expenditure of a sum sufficient equal to $116,854 plus
2interest from the transportation fund for payment of a claim against the state
3made by James Cape and Sons Company.
Analysis by the Legislative Reference Bureau
This bill directs expenditure of $116,854, plus interest, from the transportation
fund in payment of a claim made by James Cape and Sons Company against the
department of transportation (DOT). In 1990, the claimant performed work for DOT
under contract for the improvement of STH 29 in Marathon County. At the request
of DOT, the claimant performed additional work not covered by the contract
involving excavation below subgrade (EBS) as a result of roadbed instability caused
by adverse weather conditions. That claimant contends that supplemental
specifications of its construction contract with DOT specified that this work would
be performed at a unit price 3 times that specified for unclassified excavation work
under the contract ($9.00 per cubic yard). DOT contends that the work was of a
different character than the work the claimant was required to perform under the
contract and should therefore be compensated on a change order force account basis
at $3.61 per cubic yard. DOT paid the claimant at this rate. The claimant claimed
$173,574, less a payment made by DOT to the claimant for the work ($56,720), which
equals $116,854, plus interest from the date that payment became due. The claims
board recommended denial of this claim on February 19, 1992. See 1991 Senate
Journal, pp. 673-674.
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:
AB623, s. 1
1Section
1.
Claim against the state. There is directed to be expended from
2the appropriation account under section 20.395 (3) (bq), (br) or (bx), or any
3combination thereof, as determined by the department of transportation, $116,854,
4plus interest at the legal rate specified in section 138.04 of the statutes from the date
5that payment became due to the date that payment is made, in payment of a claim
6against the state made by James Cape and Sons Company, Racine, Wisconsin, to
7compensate it for the unpaid portion of excavation below subgrade work that was
8performed by the claimant in 1990 at the request of the department of transportation
9in connection with the improvement of STH 29 in Marathon County. Acceptance of
10this payment operates as a full and complete release to this state and its officers,
11employes and agents from any further liability to the claimant resulting from the
12performance of this work.
