Closeout negotiation package, Main Street Phase 2, Juniper Crossing

Chronology, settlement and offset statement, and time extension for closeout with the City of Juniper Crossing, built from 31 sets of progress meeting minutes, the COR log and Claim Summary Rev C. Corrected and with the time extension, the balance due is $532,860 against the City’s $283,430. The written response to the semi-final estimate, and any claim, is due Nov 22, 2026.

Unit price contract, WisDOT 2025 Standard Specifications incorporatedOwner City of Juniper Crossing, Wisconsin; contractor Bellwether Excavating, Inc.Meetings 1–31, Apr 10, 2025 to Jul 9, 2026Prepared Nov 6, 2026

Summary

Double count · COR-07

COR-07 is in both the contract amount and the claim summary

The 8-in. water main replacement under Market Street, $176,500, was executed as Change Order No. 1 on Aug 20, 2025 and raised the contract amount to $11,596,500. Meeting 10, item 4.1, records that COR-07 was closed on the COR log. Claim Summary Rev C still lists COR-07 as an open item on line 7.

Delete the line before submittal. The COR total drops from $870,700 to $694,200.

Authorization · COR-19

COR-19 has no signed authorization but is backed by two sets of minutes

The 24-in. RCP storm sewer relocation at 12 Church Street, $112,000, has no written authorization in the COR log, and the semi-final estimate leaves it out. Meeting 17, item 5.3, records the City Engineer directing the relocation per the City’s sketch SK-04 of Nov 18, 2025, and Meeting 18, item 4.2, records the work as complete under COR-19. Both sets of minutes were approved without comment.

Attach SK-04 and both sets of minutes to the statement of disagreement.

CounselStd. Spec. 104.2.1 bars revised work without the engineer’s prior written approval. Whether the sketch and minutes meet that requirement is a legal question.

Time · Std. Spec. 108.10

A 38-day extension cuts liquidated damages from $91,770 to $8,740

The City assesses 42 calendar days at $2,185, May 29 to Jul 10, 2026. Three delays were noticed in writing or in the minutes: the gas main relocation (21 days), COR-14 (10 days) and late direction on curb (7 days). That leaves 4 days.

The October rain (8 days) was never submitted as a monthly severe weather request and should not carry the argument.

CounselWhether each delay qualifies under 108.10 and was noticed as 104.3 requires should be reviewed by counsel.

Chronology, settlement and time extension

Events from the minutes, the COR log and correspondence on one timeline, the settlement statement with your position and the City’s side by side, and the time extension delay by delay. Check and uncheck items to see how the balance changes.

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–Balance due, contractor
–City’s position
–In dispute
Show

Click a marker to find the event in the list. A tick in the Meetings row opens the minutes. The dashed line is today.

    Sources and method

    Sources

    • Contract_2025-04_Agreement_and_Special_Provisions.pdfAgreement, General Conditions and Special Provisions. WisDOT 2025 Standard Specifications incorporated, with “department” read as the City. Completion date May 29, 2026; liquidated damages per 108.11, $2,185 per calendar day46 pages
    • Progress_Meeting_Minutes_01–3131 sets of approved minutes, Apr 10, 2025 to Jul 9, 202631 files, 232 pages
    • COR_Log_Rev14.xlsx22 change order requests with authorization dates, amounts and payment1 sheet
    • Claim_Summary_Rev_C.xlsxDraft for closeout, 22 COR lines and time request2 sheets
    • Change_Order_01_executed_2025-08-20.pdfCOR-07 and revised contract amount $11,596,5002 pages
    • Correspondence_Notices_and_Authorizations_2025-2026.pdfEmails and letters: delay notices, written statements, pricing and authorizations52 pages
    • Notice_of_Completion_2026-07-24.pdfEngineer’s written notice that the project is complete2 pages
    • City_LD_Notice_2026-08-21.pdfLiquidated damages of $91,770 for 42 calendar days2 pages
    • City_COR_Status_Letter_2026-09-15.pdfCity’s position on each COR4 pages
    • Semi-Final_Estimate_2026-10-21.pdfEngineer-issued semi-final estimate, received Oct 23, 20269 pages
    • Pay_Estimate_14_2026-07-31.pdfPaid to date: $11,732,7006 pages
    • Schedule_Update_04.pdfControlling items of work for utilities and the Town Square3 pages

    Method

    1. All 31 sets of minutes were read item by item. Entries on extra work, delays, time and cost went into the chronology with meeting, item number and page.
    2. The COR log, Claim Summary Rev C, Change Order No. 1, the City’s COR status letter and the semi-final estimate were reconciled line by line. Each COR was classed by how it was authorized and how the City has treated it.
    3. The settlement statement starts from the current contract amount, net extra work, payments through Estimate No. 14 and the City’s deductions. Both your position and the City’s are calculated.
    4. Each delay was tested against Standard Spec 108.10 (excusable delays affecting the controlling item of work) and the notice steps in 104.3. Extensions are stacked from the completion date, and liquidated damages are counted per calendar day under 108.11.
    5. Deadlines were taken from the semi-final estimate received Oct 23, 2026: the 30-day written response under 109.7 and the claim submission limit in 105.13.3.

    CounselThis package contains no final legal conclusions. Whether COR-19 had the engineer’s written approval, whether the delays qualify and were noticed in time, how the 109.7 and 105.13 deadlines apply to a City-let contract, and whether Wisconsin’s notice-of-claim statute (Wis. Stat. § 893.80) also applies, should be reviewed by construction counsel before the statement goes out.

    Assumptions and limitations

    • Your COR amounts come from Rev C and the City’s from its Sep 15, 2026 letter and the semi-final estimate.
    • The 30-day period runs from receipt of the semi-final estimate on Oct 23, 2026. If the City dates receipt differently, the countdown moves.
    • Delays are assumed to sit on the controlling item of work in Schedule Update 04 and not to overlap. A time impact analysis should go with the request.
    • Strong, medium and weak rate how well the record supports the basis and the notice; they do not predict the outcome.
    • Delay costs for compensable delays (109.4.7) are not included. Retainage is not shown; none is held per Estimate No. 14.
    • The City-performed punch list work, $16,400, is in both positions and has not been tested.
    • Daily diaries were used only for COR-22 and the October 2025 rain.