The “Right to Cure” Act of 2005 requires contractors to provide certain information to owners when constructing a new dwelling or when remodeling an existing home. The contractor must deliver to the owner a brochure from the Department of Safety & Professional Services that explains how a dispute over a construction defect is to be handled. This brochure can be found online at dsps.wi.gov.
A contractor must also provide a notice to owners of the requirement that they must follow a specific procedure before filing a civil lawsuit against a contractor, window or door supplier, or manufacturer. The recommended notice requirement is as follows:
“Wisconsin law contains important requirements you must follow before you may file a lawsuit for defective construction against the contractor who constructed your dwelling or completed your remodeling project or against a window or door supplier or manufacturer. Section 895.07(2) and (3) of the Wisconsin Statutes requires you to deliver to the contractor a written notice of any construction conditions you allege are defective before you file your lawsuit, and you must provide your contractor or window or door supplier the opportunity to make an offer to repair or remedy the alleged construction defects. You are not obligated to accept any offer made by the contractor or window or door supplier. All parties are bound by applicable warranty provisions.”
The notice by an owner of a defect must be provided to the contractor at least 90 days before commencing any lawsuit. A contractor has just 15 days to respond to the owner’s complaint. This response can reject the claim, offer to remedy the defect, offer to settle by paying the complainant money, offer to both repair and pay money, or request an inspection. The complainant then has 15 days to respond. The law provides for additional time limits so the matter is addressed promptly.
Our office has handled many disputes between contractors and owners concerning construction claims. These disputes are often difficult to resolve and frequently are expensive for both parties. The law in Wisconsin serves as a guide to assist both the contractor and homeowner in resolving their disputes. However, the law only works if both contractors and homeowners are aware of their rights and responsibilities. If you are a contractor, it is recommended that you review the law carefully and ensure that you are providing the required notice with all of your contracts, both written and oral. If you are a homeowner who is dissatisfied with the manner in which your home was constructed or remodeled, you should first review the Department of Safety & Professional Services brochure referred to above. Lastly, whether you are a contractor or homeowner, when you are involved in a dispute involving a serious construction defect, contact an attorney promptly so your legal rights are fully protected.
Bob Duxstad is a Wisconsin attorney practicing primarily in Green and Lafayette Counties. He can be reached by e-mail at duxstad@swwilaw.com.