Board approves six payments; discusses Musson Brothers delays, retainage and liquidated damages

The Waukesha City Board of Public Works on May 8 approved six payments recommended by staff and discussed how the city will handle liquidated damages and retainage for Musson Brothers work on projects including Magnolia and Hein.

A motion to approve the payment applications passed unanimously after board discussion. "There are quantities that are being paid that were to Musson Brothers on that number 4 payment for work completed in 2025 or this year that was related to that same project," a staff member said in response to a question from Alderman Joe Piper.

Piper asked whether the payments on the current pay application included work that had been scheduled for last year but was completed this year. Staff said the pay application includes unit bid items and water-main quantities completed in 2025 and that the city holds retainage until final payment. "We hold retainage. Correct. So it'll be a deduct from what the final payment is," another staff member said. The board discussed that any liquidated damages assessed for late completion would be deducted from retainage at final payment.

Piper requested that, when the final payment is processed, staff provide a summary showing the amount assessed to Musson Brothers for missed work. "When we get to that point, I'm gonna have a couple constituents on Magnolia that are gonna be curious as to what Musson Brothers didn't get. So if we could, if I could have that number while the time is right, that would be great," Piper said. Staff responded that the final payment documents will show retainage and any deductive amounts.

The motion to approve payments carried with an aye vote from Steve Cassens, Kevin Riley, Joe Piper, Kyle and Dean. The agenda packet listed six payments with attached details; the packet itself contains the line-item amounts.