AB 1164

This bill directs the expenditure of $213,302.77 from the general fund in

payment of a claim against the Department of Administration by JRT Top Notch

Roofs, LLC. The claimant entered into a contract with DOA to replace the roof of

Esker Hall at the University of Wisconsin-Whitewater. The claimant asserts that

the bid documents stated that the project would begin “on or before” a date provided

in the notice to proceed and that the notice to proceed stated that the project would

begin “on or before” May 17, 2021. The claimant claims that the claimant submitted

a tentative schedule with a start date of April 5, 2021, which was rejected by DOA.

The claimant asserts that the later start date affected its ability to acquire project

materials in a timely manner and that DOA refused to negotiate the start date in

good faith. The claimant claims that, despite its best efforts to meet DOA demands,

DOA stopped communicating with the claimant and terminated the contract. The

claimant asserts that the schedules it proposed were contractually compliant and

that DOA had no right to terminate the contract. The claimant demands that DOA

rescind the contract termination and reinstate the claimant on the project.

Alternatively, if the claimant is not allowed to complete the project, the claimant

requests $213,302.77 in lost revenue. DOA concedes that the notice to proceed

inadvertently stated that work would begin “on or before” May 17, 2021. However,

DOA maintains that the contract signed by the claimant stated that work was to

begin “on or after” the date specified in the notice to proceed, that the bid documents

clearly stated that mobilization was not scheduled to take place until June 2021, and

that any alleged confusion was resolved when DOA informed the claimant that it

would not be permitted to mobilize until May 17, 2021. To the extent there was any

confusion in the bid documents, DOA asserts that bidders were to notify DOA prior

to the bid opening, which the claimant did not do. In response to the claimant's

concerns about procuring materials, DOA asserts that it proposed extending the

completion deadline by 16 days. DOA further notes that the contract allowed the

claimant to obtain and request reimbursement for offsite materials storage. DOA

maintains that any difficulties obtaining project materials were caused by the

claimant's failure to purchase those materials in a timely manner. On July 21, 2022,

the claims board denied the claim because it concluded that the claim raises

questions of fact that are better evaluated by a court of law (see 2021

Senate Journal

,

p. 975).