Wisconsin Right to Cure Law: An Overview

In Wisconsin, the “Right to Cure Law,” provides a structured process for resolving disputes related to construction defects. Wis. Stat. 895.07. This law aims to facilitate positive outcomes and minimize the costs and stress associated with litigation by allowing consumers and contractors to address issues before resorting to legal action.

What is the Right to Cure Law?

The Right to Cure Law mandates that consumers who believe they have a claim regarding defective workmanship or materials must first provide written notice to the contractor or supplier before initiating legal proceedings. It is important to note that consumers are not obligated to accept any offer made by the contractor.

Applicability

The law applies to construction defects involving workmanship, materials, or code requirements in new construction or remodeling projects. Claims can be made by property owners, tenants, or property associations. However, the law does not apply to situations where there is no contract to construct, such as the purchase of an existing home.

Process Overview

1. Notice of Claim: At least 90 working days before commencing an action against a contractor or window/door supplier or manufacturer, the claimant must deliver a written notice of the alleged defect to the contractor.
2. Contractor’s Response: The contractor has 15 working days (or 25 working days for defects involving a window or door supplier) to respond with one of the following:
   • An offer to repair or remedy the defect.
   • An offer to settle the claim with monetary payment.
   • A combination of repair and monetary settlement.
   • A statement rejecting the claim with reasons.
   • A proposal to inspect the alleged defect or perform necessary testing.
3. Claimant’s Response: If the contractor rejects the claim, the claimant may proceed with legal action. The claimant must serve written notice to the contractor within 15 working days if they accept or reject any offer.
4. Contractor’s Supplemental Response: If the claimant rejects the initial offer, the contractor has 5 working days to provide a supplemental offer or notify that no additional offer will be made.
5. Final Claimant’s Response: If the contractor provides a supplemental offer, the claimant must respond within 15 working days. If no additional offer is made, the claimant may commence a lawsuit.

Additional Information

• Claimants may accept, partially accept, or reject settlement offers through detailed written notice.
• Contractors and suppliers have the right to inspect and test alleged defects, with timely access provided for inspections, tests, and repairs.
• Additional claims discovered after the original claim are treated separately in terms of time and process.
• Different timetables and processes apply if a contractor seeks contribution from a supplier.
• All parties are bound by applicable warranty provisions.
• Failure to follow the Right to Cure Law can result in delays or dismissal of legal or arbitration services.

If you have recently had work done at your home and there are issues with the workmanship, materials, or with work that was performed not living up to local code requirements, the experienced business litigation attorneys at Halling & Cayo, S.C. can help to guide you through the process of either resolving the issue with the Contractor or filing a lawsuit. Call today for a free consultation.