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Wisconsin Construction Defect Claims

Wis. Stat. § 895.07 states that before commencing an action against a contractor or supplier regarding a construction defect, a claimant shall:

  • deliver written notice to the contractor containing a description of the nature of the alleged defect and a description of the evidence that the claimant knows or possesses, no later than 90 working days before commencing the action.
  • provide the contractor or supplier with the opportunity to repair or to remedy the alleged construction defect within 15 working days after the claimant serves notice of claim, or within 25 working days if the contractor makes a claim for contribution from a supplier.

Each contractor that has received the notice of claim shall serve on the claimant any of the following:

  • A written offer to repair or remedy the construction defect at no cost to the claimant, including a description of any additional construction necessary to remedy the construction defect and a timetable for the completion of the construction;
  • A written offer to settle the claim by monetary payment;
  • A written offer including a combination of repairs and monetary payment;
  • A written statement that the contractor rejects the claim.

The contractor shall state in the written response to the claim the reason for rejecting the claim and include a comprehensive description of all evidence the contractor knows or possesses.  The contractor shall also include in the written response to the claim any settlement offer received from a supplier.

If a proposal for inspection is made, the claimant shall provide the contractor and any supplier on whom a contribution claim has been made and its agents, experts, and consultants reasonable access to the dwelling to inspect the dwelling, within 15 working days of receiving the contractor’s proposal.  Within 10 working days following completion of the inspection and testing, the contractor shall serve on the claimant a notice with settlement offer.  If the claimant rejects a settlement offer made by the contractor, the claimant shall serve written notice of that rejection to the contractor, within 15 working days after receiving the offer.  The notice shall include the reasons for the claimant’s rejection of the contractors offer.  Upon receipt of a claimant’s rejection and the reasons for the rejection, the contractor shall serve the claimant a written supplemental offer to repair or to remedy the construction defect or serve on the claimant written notice that no additional offer will be made, within 5 working days after receiving the rejection.

If the claimant rejects the supplemental offer made by the contractor to remedy the construction defect or to settle the claim by monetary payment or a combination of each, the claimant shall serve written notice of the claimant’s rejection on the contractor within 15 working days after receipt of the supplemental offer.  If the contractor declines to make a supplemental offer, or if the claimant rejects the supplemental offer, the claimant may bring an action against the contractor for the claim without further notice.  If a claimant accepts any offer made, and the contractor or supplier does not proceed to repair or remedy the construction defect under the terms of the offer or within the agreed upon timetable, the claimant may bring an action against the contractor or supplier for the claim without further notice.

If a claimant accepts a contractor’s offer to repair a construction defect, the claimant shall provide the contractor and its agents reasonable access to the dwelling to perform and complete the construction.  If a claimant receives a written statement that the contractor rejects the claim, or if the contractor does not respond to the claimant’s notice, the claimant may bring an action against the contractor for the claim without further notice.  The claimant and the contractor are bound by any contractor or supplier warranty terms pertaining to products or services supplied for the dwelling.


Inside Wisconsin Construction Defect Claims