1. Carrie Cox February 19 th SW Region Construction Meeting

2. 2  10,000 Foot Look at managing unusual events during construction

3.  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 3

4. 4 It happens.

5.  Not a new community swimming pool 5

6.  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. 6

7.  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 7

8.  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) 8

9.  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 9

10.  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 10

11.  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 11

12.  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) 12

13.  Follow the Process  Use available resources  Ask for help  Think big picture 13

14.  Carrie Cox  SW Region Project Counsel 14