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Residential Construction & Remodeling "Right to Cure" Law

Wisconsin's construction "Right to Cure Law" went into effect on October 1, 2006.  The new law applies to contracts (both written and oral) for the construction or remodeling of dwellings (any premises or portion of a premises used as a home or place of residence) and related structures or improvements (e.g., driveways, sidewalks, swimming pools, fences, etc.).  The law does not apply to strictly maintenance or repairs.

The new law imposes various notice and claim procedures on both contractors and consumers.  Before entering into a contract that is covered by the law, contractors are required to give consumers a statutory notice of their rights, together with a brochure created by the Wisconsin Department of Commerce.  The brochure is available on the Department of Commerce's website, and can be accessed by this link:  http://commerce.wi.gov/SBdocs/SB-UdcRightCureBrochureV4.pdf

The law requires a consumer to give a contractor written notice of any alleged defects at least 90 business days before the consumer starts a lawsuit, and then provides different timetables and processes to attempt to resolve the claim before a lawsuit is filed.  The law also contains timetable and notice procedures for contractors to make contribution claims against window and door suppliers when the consumer alleges defects in windows and doors. 

Failure to follow notice and claim procedures can result in the delay or dismissal of a lawsuit or arbitration proceeding regarding the alleged defects. 

The above is not an exhaustive discussion of the Right to Cure Law.  You should read the law carefully to determine whether it is applicable to your situation and, if so, to ensure that you are complying with all applicable requirements.

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This page is intended to provide general information about various legal issues and developments.  It is not intended to be a complete list of all recent legal developments.  This page does not constitute legal advice and should not be relied upon in dealing with specific factual or legal matters.