August 6, 2026

By Lane Kimble

WTBA has filed a “friend of the court” brief in an appeals case, questioning whether WisDOT can reject contractor claims outright by asserting the Wisconsin Constitution doesn’t allow them.

Last year, a Milwaukee Circuit Court decision in Walsh v. WisDOT embraced the state’s argument that a claim made by Walsh Construction was not allowable because the state agencies were insulated from such claims by the Wisconsin Constitution.

The breadth of this interpretation and the precedent it could set raised concerns with WTBA and other groups including Wisconsin Manufacturers and Commerce (WMC), whose members also do work with the State of Wisconsin.

As a result, both WTBA and WMC have filed amicus briefs in Walsh’s appeal of the lower court ruling and seek greater clarity on when claims against the state may be allowed.

WTBA contends that–absent a clear and fair claims process–contractors have few options other than broadly building any potential risks into their bids. WTBA argues that could have negative ramifications for the taxpayers by inflating the cost of state projects.

You can read the WTBA brief HERE.

The appeals court’s next step is to rule on whether it will hear oral arguments in the case. There is no deadline for that decision but WTBA will keep members updated when it happens.