CONSTRUCTION DEFECT DEMAND LETTER
STATE OF WISCONSIN
STATUTORY NOTICE PURSUANT TO WISCONSIN RIGHT TO CURE LAW (WIS. STAT. SECTION 895.07)
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR FIRST-CLASS MAIL
[DATE]
[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
Wisconsin Dwelling Contractor Certification No.: [NUMBER]
Re: STATUTORY NOTICE OF CONSTRUCTION DEFECTS
Property Address: [PROPERTY ADDRESS]
Owner: [OWNER NAME]
Original Contract Date: [DATE]
Substantial Completion Date: [DATE]
Dear Sir or Madam:
This firm represents [OWNER NAME] ("Owner" or "Claimant") regarding construction defects at the above-referenced property. This letter constitutes formal notice of construction defects pursuant to the Wisconsin Right to Cure Law, Wis. Stat. Section 895.07, and serves as the required pre-litigation notice providing you with the statutory opportunity to inspect, offer to repair, and/or settle this claim before litigation is commenced.
THIS IS A STATUTORY NOTICE REQUIRED UNDER WISCONSIN LAW. YOUR TIMELY RESPONSE IS REQUIRED.
I. WISCONSIN-SPECIFIC LEGAL FRAMEWORK
A. Wisconsin Right to Cure Law
This notice is provided pursuant to Wis. Stat. Section 895.07, Wisconsin's Right to Cure Law, which establishes procedures for construction defect claims.
Under the statute:
- The claimant must provide written notice of claimed defects
- The contractor has the right to inspect the property and offer repairs
- The notice must describe the defects in reasonable detail
B. Statute of Limitations
Wisconsin law provides the following limitations periods for construction defect claims:
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Breach of Written Contract | 6 years | Wis. Stat. Section 893.43 |
| Breach of Oral Contract | 6 years | Wis. Stat. Section 893.43 |
| Negligence/Tort | 3 years | Wis. Stat. Section 893.54 |
| Breach of Warranty | 6 years | Wis. Stat. Section 893.43 |
| Fraud | 6 years from discovery | Wis. Stat. Section 893.93(1)(b) |
C. Statute of Repose
Wis. Stat. Section 893.89 establishes a ten (10) year statute of repose for improvements to real property, running from substantial completion of the improvement.
D. Implied Warranties in Wisconsin
Wisconsin recognizes the following implied warranties in residential construction:
-
Implied Warranty of Workmanlike Construction: Builders impliedly warrant that construction will be performed in a workmanlike manner. Kicherer v. Boucher (Wis. 1987), 400 N.W.2d 492.
-
Implied Warranty of Habitability: New home builders warrant homes are fit for habitation. Crowley v. Bass (Wis. 1986), 395 N.W.2d 417.
E. Contractor Certification Requirements
Under Wis. Stat. Section 440.12 et seq., dwelling contractors must be certified or registered by the Wisconsin Department of Safety and Professional Services. Financial responsibility requirements also apply.
II. PROPERTY AND PROJECT INFORMATION
A. Property Description
| Item | Details |
|---|---|
| Property Address | [COMPLETE ADDRESS] |
| County | [COUNTY], Wisconsin |
| Property Type | [ ] Single-family home [ ] Condominium [ ] Townhouse [ ] Multi-family |
| Year Built | [YEAR] |
| Square Footage | [SQUARE FEET] |
| Current Owner(s) | [NAME(S)] |
| Date of Purchase | [DATE] |
| Purchase Price | $[AMOUNT] |
B. Project Information
| Item | Details |
|---|---|
| Project Type | [ ] New construction [ ] Remodel [ ] Addition [ ] Repair |
| General Contractor | [NAME] |
| WI Certification No. | [NUMBER] |
| Contract Date | [DATE] |
| Contract Amount | $[AMOUNT] |
| Substantial Completion | [DATE] |
| Final Completion | [DATE] |
| Warranty Period | [DESCRIBE] |
C. Parties Involved
General Contractor:
- Name: [NAME]
- Certification Number: [NUMBER]
- Address: [ADDRESS]
- Contact: [PHONE/EMAIL]
Subcontractors: (List all subcontractors whose work is believed defective)
| Trade | Company Name | Certification No. | Work Performed |
|---|---|---|---|
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
III. DESCRIPTION OF DEFECTS
Pursuant to Wis. Stat. Section 895.07, the following is a detailed description of each claimed construction defect:
DEFECT #1: [TITLE - e.g., FOUNDATION CRACKING]
Location: [Specific location within the property]
Description: [Detailed description of the defect, including how it manifests, when it was discovered, and any progression]
Building Components Affected:
[ ] Foundation/Slab [ ] Framing [ ] Roofing [ ] Exterior walls/Siding [ ] Windows/Doors
[ ] Plumbing [ ] Electrical [ ] HVAC [ ] Insulation [ ] Drywall/Interior finishes
[ ] Flooring [ ] Waterproofing [ ] Drainage [ ] Other: [SPECIFY]
Evidence Supporting Defect:
[Describe supporting evidence - expert reports, photographs, testing results, etc.]
Standards Violated:
[ ] Wisconsin Uniform Dwelling Code
[ ] Wisconsin Commercial Building Code
[ ] Manufacturer's Installation Instructions
[ ] Industry Standards (IRC, IBC, ASTM)
[ ] Contract Specifications
[ ] Implied Warranty of Workmanship
[ ] Implied Warranty of Habitability
Date First Observed: [DATE]
Estimated Cost to Repair: $[AMOUNT]
DEFECT #2: [TITLE]
[REPEAT FORMAT ABOVE FOR EACH DEFECT]
IV. SUMMARY OF DEFECTS AND DAMAGES
| Defect | Location | Est. Repair Cost | Related Damages |
|---|---|---|---|
| [DEFECT 1] | [LOCATION] | $[AMOUNT] | $[AMOUNT] |
| [DEFECT 2] | [LOCATION] | $[AMOUNT] | $[AMOUNT] |
| SUBTOTAL - Repair Costs | $[AMOUNT] | ||
| Consequential Damages | $[AMOUNT] | ||
| Expert/Investigation Costs | $[AMOUNT] | ||
| Temporary Housing | $[AMOUNT] | ||
| TOTAL ESTIMATED DAMAGES | $[AMOUNT] |
V. LEGAL BASIS FOR CLAIMS
A. Breach of Contract
You failed to perform construction in accordance with the contract terms, plans, specifications, and applicable building codes.
B. Breach of Express Warranty
You provided express warranties regarding quality and durability of construction which you have breached.
C. Breach of Implied Warranty of Habitability
Under Wisconsin law, builders impliedly warrant that new homes are fit for habitation. Crowley v. Bass, 395 N.W.2d 417 (Wis. 1986).
D. Breach of Implied Warranty of Workmanlike Construction
Under Wisconsin law, construction must be performed in a workmanlike manner. Kicherer v. Boucher, 400 N.W.2d 492 (Wis. 1987).
E. Negligence
You owed a duty of care to perform construction in accordance with the applicable standard of care and breached that duty.
F. Violation of Building Codes
The construction violates the Wisconsin Uniform Dwelling Code and/or Wisconsin Commercial Building Code.
VI. STATUTORY NOTICE REQUIREMENTS
A. Your Rights Under the Wisconsin Right to Cure Law
Pursuant to Wis. Stat. Section 895.07, upon receipt of this notice, you have the right to:
- Inspect the Property: Request an inspection within a reasonable time
- Offer to Repair: Make a written offer to repair some or all defects
- Offer Settlement: Make a written offer of monetary compensation
- Dispute Claims: Deny responsibility for the claimed defects
B. Response Deadline
Please respond in writing within thirty (30) days of receipt of this notice.
Your response should include:
1. Whether you accept or dispute the claimed defects
2. Whether you wish to inspect the property
3. Your offer, if any, to repair or compensate
4. Any documentation supporting your position
VII. DEMAND FOR INSPECTION ACCESS
We hereby offer you the opportunity to inspect the property. To schedule an inspection:
- Contact our office in writing within fifteen (15) days
- Propose inspection dates during reasonable business hours
- Identify all persons who will attend
- Identify any experts who will participate
Contact Information:
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]
VIII. PRESERVATION OF EVIDENCE
You are hereby directed to preserve all documents and materials relating to the construction, including:
- All contracts and subcontracts
- Plans, specifications, and drawings
- Inspection reports and quality control records
- Correspondence with owner and subcontractors
- Photographs taken during construction
- Daily logs and progress reports
- Warranties from manufacturers
- Insurance policies and certificates
Spoliation Warning: Failure to preserve evidence may result in adverse inference instructions and sanctions.
IX. SETTLEMENT DEMAND
To resolve this matter without litigation, we demand:
Option A - Repair by Contractor:
1. Complete repair of all identified defects within [NUMBER] days
2. All repairs warranted for minimum of [NUMBER] years
3. Payment of investigation and expert costs: $[AMOUNT]
4. Payment of attorney's fees incurred to date: $[AMOUNT]
Option B - Monetary Settlement:
Payment of $[AMOUNT] within 30 days.
X. CONCLUSION
Please respond in writing within 30 days of receipt of this notice. If we do not receive a timely response, our client will proceed with litigation without further notice.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
State Bar of Wisconsin No. [NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [OWNER NAME]
ENCLOSURES:
[ ] Photographs of defects
[ ] Expert report(s)
[ ] Repair estimates
[ ] Copy of construction contract
[ ] Correspondence history
cc: [OWNER NAME]
[INSURANCE CARRIER]
Wisconsin Department of Safety and Professional Services (if applicable)
WISCONSIN-SPECIFIC PRACTICE NOTES
Right to Cure Law (Wis. Stat. Section 895.07):
- Provides contractor with right to cure before litigation
- Notice requirements apply to construction defect claims
- Contractor has right to inspect and offer repairs
Statute of Repose (Wis. Stat. Section 893.89):
- 10-year repose period for improvements to real property
- Runs from substantial completion of the improvement
- Applies to all claims arising from construction
Implied Warranties:
- Warranty of habitability recognized for new residential construction
- Warranty of workmanlike construction applies to all work
- Crowley v. Bass and Kicherer v. Boucher are leading cases
- May extend to subsequent purchasers
Dwelling Contractor Certification:
- Dwelling contractors must be certified under Wis. Stat. Section 440.12
- Financial responsibility requirements apply
- Verify certification with DSPS
Economic Loss Rule:
- Wisconsin applies the economic loss doctrine
- Sunnyslope Grading, Inc. v. Miller, Bradford & Risberg, Inc., 437 N.W.2d 213 (Wis. 1989)
- Contract claims typically required for purely economic losses
Discovery Rule:
- Statute of limitations may be tolled until defect discovered or should have been discovered
- Applies to latent defects
- Hansen v. A.H. Robins, Inc., 335 N.W.2d 578 (Wis. 1983)
This template is for informational purposes only and does not constitute legal advice. Consult a licensed Wisconsin attorney before use.