SB 50

This bill directs the expenditure of $201,197.70 from the general fund in

payment of a claim against the Department of Transportation by Pheifer Brothers

Construction Co., Inc. The claimant entered into a contract with DOT to perform

work on the 2019 Ahnapee River Bridge project in Kewaunee County associated with

DOT project 4409-12-71. The claimant asserted that the subsurface conditions

differed from the conditions indicated in the bidding documents and that the

claimant incurred significant additional costs as a result. The claimant claimed

$201,197.70 for the cost of making multiple design changes to the project due to the

differing subsurface conditions. DOT denies the claimant's assertion that there were

differing subsurface conditions; asserts that the design changes were made at the

claimant's request in order to facilitate fulfillment of the contract; and argues that

additional compensation would be contrary to both the contract and the Wisconsin

Constitution. On March 22, 2022, the Claims Board denied the claim because it

concluded that the claimant has raised questions of fact with respect to the

subsurface conditions of the project that are better evaluated by a court of law (see

2021

Senate Journal

, p. 944-45).