LRB-3485/2
JTK:cjs:kjf
2001 - 2002 LEGISLATURE
October 10, 2001 - Introduced by Representative Hoven. Referred to Committee
on Rules.
AB544,1,2
1An Act relating to: expenditure of $508,323 from the general fund in payment
2of a claim against the state made by J.T. Roofing, Inc.
Analysis by the Legislative Reference Bureau
This bill directs expenditure of $508,323 from the general fund in payment of
a claim against the department of administration by J. T. Roofing, Inc. The claimant
entered into a contract with the department of administration (DOA) for
construction work to be performed in connection with the remodeling of Goodland
Hall at the Mendota Mental Health Institute in 1998 and 1999. The claimant
claimed additional costs resulting from application of a primer and necessary
removal of loose vapor retarder ($166,827), additional costs resulting from limited
access to courtyards at the project site ($252,960), waiting time required by the state
for the claimant's employees to gain access to the site ($14,535), additional costs
resulting from conflicting instructions issued by the state ($8,976), increased costs
resulting from untimely review of drawings by the state and documentation required
by the state for materials used in the project, an early winter shutdown of the project
by the state, and labor strife allegedly caused by racially offensive remarks made by
a state supervisor to the claimant's employees ($65,025). The claimant's claim
totaled $508,323. DOA asserts that application of the primer and removal of the
vapor retarder were required in the project specifications, that the claimant was
informed in advance that check-in procedures were required and certain courtyards
would not be accessible at certain times, that the claimant's drawings were rejected
because they were incomplete and incorrect, and that additional documentation was
required for certain materials because the materials were not clearly labeled by the
manufacturer as required by the specifications. DOA also asserts that the claimant
was so far behind schedule when the project was shut down by the state for the winter
that it could not have finished before winter set in, and that there were accusations
of inappropriate comments made both by the state supervisor and by the claimant's
employees, and the supervisor was removed from the project. DOA proposed that the
matter be settled for $50,000. The claims board recommended denial of this claim
on June 7, 2001 (see Senate Journal, p. 223).
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:
AB544, s. 1
1Section
1.
Claim against the state. (1) There is directed to be expended from
2the appropriation under section 20.505 (4) (d) of the statutes, as affected by the acts
3of 2001, $508,323 in payment of a claim against the state made by J.T. Roofing, Inc.,
4Saukville, Wisconsin, as reimbursement for additional expenses incurred in
5executing its contract with the department of administration for the remodeling of
6Goodland Hall at the Mendota Mental Health Institute in 1998 and 1999 that were
7not contemplated under the contract. Acceptance of this payment releases this state
8and its officers, employees, and agents from any further liability resulting from any
9costs incurred by the claimant under this contract.
