This bill directs expenditure of $256,744.55 from moneys appropriated to the
department of transportation (DOT) for state highway rehabilitation in payment of
a claim made by CleanSoils Wisconsin, Inc., against DOT. The claimant was a
subcontractor of the general contractor (James Peterson Sons, Inc.,) for a highway
construction project on STH 97 in Marathon County in 1995. The claimant was hired
to clean up soil at a contaminated site. The claimant's work was not completed by
its contractual completion date. The claimant received a change order from the
project's consulting engineers, Central Wisconsin Engineers (another subcontractor
for the general contractor) that authorized a later completion date. DOT asserts that
Central Wisconsin Engineers had no authority to waive the completion date. DOT
also asserts that the claimant's work was not performed in accordance with the
specifications or reasonable professional standards. In late 1995, DOT hired Rust
Environment and Infrastructure, Inc. (consulting engineers), and McNulty Trucking
Company to complete the work begun by the claimant. The claimant was paid
$233,065.45 by the general contractor for work performed. The claimant claimed
$331,581.25 for processing 9,625 tons of soil at $34.45 per ton, plus $38,633.75 for
excavation, stockpiling, backfill and compacting (total = $370,215). After
subtracting the amount that the claimant was paid, this results in a net claim of

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$137,149.55. In addition, the claimant claims $175,695 for lost profits. This claim
is based on 5,100 tons of soil processed by Rust Environment and Infrastructure for
which the claimant asserts it would have earned a profit of $23.45 per ton. The
claimant's claim totals $256,744.55. On October 30, 1997, the claims board
recommended denial of a claim of $175,695 by this claimant (see Senate Journal, p.
334).