Dealing with Unusual Circumstances

Carrie CoxFebruary 19th SW Region Construction Meeting

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10,000 Foot Look at managing unusual events during construction

Lots of new folks at WisDOT Recent events that have resulted in difficult to

manage third party claims Reminder of sources for decision making Providing a comfort level before an event Confirming that you have resources and

assistance – just ask

Why we are talking.

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It happens.

Not a new community swimming pool

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WisDOT has done its homework to ensure its projects proceed with minimal incident.

But we can’t prevent everything so let’s talk about how to deal with unexpected and unusual events like a bulldozer hitting a house, or a tree falling on a car, or a flood off the right-of-way.

WisDOT is Well Positioned

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Construction and Materials Manual 1-30 Hazardous Materials

1-30.2 Substance Found During Construction 1-45 Traffic Control

1-45.11 Traffic Damage Claims 1-55 Construction Site Crashes

Standard Specifications 105 Engineer Control/Contractor Obligations 107 Liability of Contractor

Resources for Decision Making

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Life and Limb Act to resolve the emergency

Property Damages Standard Specs Section 107.11 and 107.12

Contractor is responsible to prevent damage to third parties (within or outside right-of-way) and to restore the same

Engineer may instruct contractor to restore to condition similar to before condition

Engineer may if contractor fails to restore, deduct costs to do same (48 hours notice to contractor)

Incidents Affecting Third Parties

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Follow WisDOT instructions where they are explicit Hazardous Materials, Traffic Incidents etc.

Understand Contractor’s indemnity to WisDOT Don’t admit fault – you have no idea of where fault lies Don’t engage with third parties on issues of the incident –

can you say I-phone? Don’t remediate unless you have analyzed the issues,

contractor is refusing or failing to act and management has been alerted

Guidelines

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What the what? WisDOT’s system of

managing these types of incidents is designed to ensure we don’t keep recreating the wheel. Consistency for third parties Management of claims

including defense of department and employee personal liability

If an incident occurs which creates noise, let management work its process and determine best course. Avoid acting to avoid a

“presumed” result WisDOT is well versed in

dealing with high level public officials/let the folks who have that expertise handle that effort

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Litigious Society Everyone wants to sue someone

If we have to manage a claim we want to do so with all the pieces already well managed

Claims and remedies are based on facts not assumptions/accusations

Statutory mechanism for claims must be followed by claimant Risk Management’s web site is very helpful regarding the claim

process

Claim Management

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Personal Representation Wisconsin will represent employees acting within the

scope of their employment (Wis. Stats. 893.82) Whether directly or in payment for attorney fees Claims successful as part of employment will be paid by the

state Know your obligations

Notify supervisor of incident Cooperate (or lose representation and/or indemnity)

Claim Management (con’t)

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Follow the Process Use available resources Ask for help Think big picture

Take Aways

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Carrie Cox SW Region Project Counsel

Contacts and resources

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