On October 1, 2006, Wisconsin’s Right to Cure Act went into effect. It requires consumers to give contractors written notice of construction defects and an opportunity to cure them as a prerequisite to filing suit. The new law applies to new residential construction and remodeling of existing residential structures. The Act applies to the construction or remodeling of any premises used as a home or a place of residence and includes other existing structures on the immediate residential premises such as driveways, sidewalks, swimming pools, terraces, patios, fences, porches, garages, and basements. The Act does not apply to maintenance or repair work.

The Right to Cure Act is comprised of two statutes:

(1) Section 101.148, Wis. Stats., entitled “Contractor notices,” requires contractors – before the contract is signed - to supply consumers with a brochure from the Department of Commerce detailing the procedures that a consumer must follow if he or she discovers defects. It also requires contractors to provide a written notice telling the consumer about the defects claim process.

(2)Section 895.07, Wis. Stats., entitled “Claims against contractors and suppliers,” contains the claims procedures.

The following will assist you in following the claims process under the Act.

Please click the link below that describes you.

All Materials Copyright 2008, Mark R. Hinkston