Wis. Stat. § 84.063 — WI Code / Chapter 84 / Section 84.063
Section 84.063
Status: in_force

(c) If the utility facility owner fails to comply with sub. (3) , the department or its contractor shall not be liable to the owner for damages to a utility facility resulting from the highway improvement if the department or its contractor complies with s. 182.0175 (2) , and the owner shall be liable to the department or its contractor for damages resulting from the failure to comply.

(4m) Utility relocation delay damages claims.

(a) A contractor that incurs costs as a result of a utility relocation delay may file a utility relocation delay damages claim with the department.

(b) The department shall notify the owner of the relevant utility facility upon receipt of a claim under par. (a) . The owner may respond to the claim by providing additional information related to the claim. The owner may not request a contested case hearing under par. (d) 2. unless the owner provides additional information under this paragraph.

(c) The department shall consider all information provided by the contractor under par. (a) and, if applicable, the owner under par. (b) . If the department determines that a utility relocation delay occurred, the department shall compensate the contractor for costs incurred as a result of the utility relocation delay. The department may not impose liquidated damages for work required by the contract that is not completed within the contract time or within extra time allowed by the department as a result of the utility relocation delay. The amount of compensation under this paragraph shall be calculated and paid in accordance with the department’s standard specifications for compensable delays.

(d)

1. If a utility relocation delay identified under par. (c) was caused by an owner’s failure to complete a relocation in accordance with a work plan approved by the department under sub. (3) , the owner shall be liable to the department for compensation paid to a contractor under par. (c) . An owner shall not be liable under this subdivision when the failure to complete a relocation is caused by circumstances outside of the owner’s reasonable control, as determined by the department upon consideration of any information provided by the owner to the department under sub. (3) or this subsection, including a delay caused by another owner identified in the work plan or reliance on a 3rd party to identify and verify the location of a utility facility requiring relocation. The department may not assess against the owner any fees, costs, or expenses in excess of the compensation paid under par. (c) . Subject to subd. 2. , an owner shall make payment to the department no later than 90 days after receiving notice of the amount owed.

2. Within 90 days after receiving an assessment notice under subd. 1. , an owner may request a contested case hearing under s. 227.42 to review the decision of the department under subd. 1. , and a hearing shall be scheduled if the owner previously responded to the claim as provided in par. (b) . Any amount that the owner owes to the department under subd. 1. shall be stayed pending the contested case hearing.

3. If an owner fails to make payment of amounts owed to the department under this paragraph, the department may seek remedy by filing a civil suit against the owner.

(e) The department may not consider amounts paid or owed under par. (d) when making a determination on an owner’s permit application, amounts paid to the owner under sub. (4) (a) or s. 84.09 , or any other matter involving the owner.

(5) Rules. The department shall promulgate rules to implement and administer this section.

History: 1991 a. 39 ; 1999 a. 85 ; 2023 a. 46 .