Construction Defect Demand Letter - Wisconsin

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. Scope and Service of Wis. Stat. § 895.07

Section 895.07 applies to a claim against a contractor or covered supplier regarding a construction defect related to construction or remodeling of a dwelling. “Remodel” means altering or reconstructing a dwelling and excludes maintenance or repair work. The statute also defines the covered claimant, contractor, supplier, dwelling, claim, and construction defect. Wisconsin counsel must confirm those definitions fit this project before labeling this letter statutory notice.

For a covered claim, the claimant must deliver written notice to the contractor no later than 90 working days before commencing an action, describe the claim in enough detail to explain the alleged defect, describe the evidence known or possessed—including expert reports—supporting the nature and cause, and provide an opportunity to repair or remedy. Under § 895.07(1)(j), statutory service means personal service or certified mail, return receipt requested, to the addressee's last-known address.

B. Statute of Limitations

Wisconsin law provides the following limitations periods for construction defect claims:

Do not select a deadline merely from the label “construction defect.” Identify the defendant, duty, transaction, damaged property, injury, accrual rule, contractual notice terms, and relief. Section 893.52—not § 893.54—is the relevant general provision for a non-contract action seeking damages for injury to real or personal property. Sending this letter does not itself toll a limitation or repose period.

C. Statute of Repose

Wis. Stat. § 893.89 defines the general “exposure period” as the seven years immediately following substantial completion of the improvement to real property. Subject to the statute's exceptions and detailed coverage rules, covered causes of action may not accrue and covered actions may not be commenced after that period. Counsel must analyze the current exceptions, the identity and conduct of each defendant, the date and meaning of substantial completion, and whether the work is an improvement to real property.

D. Contract and Warranty Review

Section 895.07(4) binds the claimant and contractor or supplier to applicable warranty terms for products or services supplied for the dwelling. Before asserting any express or implied warranty, identify the transaction, warrantor, beneficiary, exact promise, duration, exclusions, notice and cure procedure, remedy limits, assignment or later-purchaser issue, and current Wisconsin authority. Do not assume that every project or claimant has a generic habitability or workmanlike-construction warranty.

E. Contractor Certification Requirements

For one- and two-family dwelling permits, Wis. Stat. § 101.654 and Wis. Admin. Code § SPS 305.31 generally require the permit applicant—subject to statutory exceptions—to hold a Dwelling Contractor or Dwelling Contractor–Restricted certification and to hold or employ a Dwelling Contractor Qualifier. Verify the credential type, holder, qualifier, status, permit applicant, and any owner-occupant or trade-license exception with the Wisconsin Department of Safety and Professional Services. A credential issue does not by itself prove defective work or establish damages.

F. Covered Home-Improvement Practices

If the transaction is a “home improvement” within Wis. Admin. Code ch. ATCP 110, review that chapter's rules on representations, product substitutions and written changes, lien waivers, delays, permits, warranties, written contracts, cancellation, and contract compliance. Among other things, § ATCP 110.03 generally bars starting covered work before required permits issue; § ATCP 110.04 governs warranties; and § ATCP 110.05 specifies when a writing is required and its terms. Under Wis. Stat. § 100.20(5), a person who suffers pecuniary loss because of a violation of a covered department order or rule may recover twice that loss plus costs, including reasonable attorney fees. Do not demand that remedy without identifying a specific rule violation and causally connected pecuniary loss.

II. PROPERTY AND PROJECT INFORMATION

A. Property Description

B. Project Information

C. Parties Involved

General Contractor:

• Name: [NAME]
• Certification Number: [NUMBER]
• Address: [ADDRESS]
• Contact: [PHONE/EMAIL]

Subcontractors: (List all subcontractors whose work is believed defective)

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
☐ Express warranty: [IDENTIFY]
☐ Implied warranty supported by transaction-specific current authority: [IDENTIFY]

Date First Observed: [DATE]

Estimated Cost to Repair: $[AMOUNT]

DEFECT #2: [TITLE]

[REPEAT FORMAT ABOVE FOR EACH DEFECT]

IV. SUMMARY OF DEFECTS AND DAMAGES

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. Other Warranty Theory, If Supported

The Owner reserves only warranty theories supported by the transaction, current Wisconsin law, and the exact warranty terms identified here: [WARRANTY / AUTHORITY / FACTS].

D. Non-Contract Duty, If Supported

The Owner reserves any non-contract theory supported after counsel identifies an independent duty, the allegedly negligent act, causation, the damaged property or personal injury, and applicable economic-loss limitations: [DETAILS / AUTHORITY].

E. Code, Permit, or ATCP 110 Noncompliance, If Supported

The following current requirement applied to this work and was allegedly violated: [EXACT CODE / PERMIT / ATCP 110 PROVISION / ADOPTION DATE / FACTS]. A failed component or generic reference to the IRC, IBC, Uniform Dwelling Code, or “industry standards” is not enough without proving the governing edition and provision.

VI. STATUTORY NOTICE REQUIREMENTS

A. Statutory Response and Inspection Sequence

Under Wis. Stat. § 895.07(2):

1. The contractor generally must serve a statutory response within 15 working days after service of the notice, or within 25 working days if the contractor makes a contribution claim against a covered supplier under § 895.07(7)(a).
2. The response may offer a no-cost repair with the required description and timetable, offer money, combine repairs and money, or reject the claim with reasons and a comprehensive description of supporting evidence, including expert reports.
3. If the contractor proposes an inspection, the claimant must provide reasonable access within 15 working days after receiving that proposal. The access may include documentation and testing reasonably required to evaluate the alleged defects and repairs.
4. Destructive testing requires at least 5 working days' advance notice to the claimant and other persons served, and the contractor must restore the dwelling to its pre-testing condition within a reasonable time at the contractor's expense.
5. Within 10 working days after completing inspection and testing, the contractor must serve the statutory offer or rejection. If the claimant rejects a settlement offer, the claimant must serve written rejection within 15 working days after receiving it.

The parties must preserve the statute's procedures for additional testing, multi-dwelling claims, inspection scheduling, supplier contribution claims, and other case-specific issues.

B. Response Deadline

Serve the response required by Wis. Stat. § 895.07 within the applicable 15-working-day or 25-working-day period.

Your response should include:

1. The statutory offer or rejection selected under § 895.07(2)(b)
2. Any inspection proposal and requested scope of testing
3. The repair scope, timetable, payment terms, and warranties for any offer
4. The evidence required by the statute for any rejection
5. Any supplier contribution claim affecting the response period

VII. DEMAND FOR INSPECTION ACCESS

The Owner offers the opportunity required by § 895.07 to inspect and evaluate the alleged defects. In the statutory response, propose the inspection scope and reasonable dates, identify attendees and experts, identify requested testing, and state whether destructive testing is proposed. Access will be arranged within the statutory period after a compliant proposal, subject to reasonable safety, insurance, occupancy, and evidence-preservation conditions.

No destructive testing may occur without the statutory advance notice and a written protocol addressing location, method, documentation, samples, restoration, cost, and responsibility. Emergency mitigation needed to protect persons or property will be documented where practicable and does not authorize unnecessary destruction.

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

This preservation request does not state that an adverse inference or sanction follows automatically. Any remedy depends on the governing procedural law, the duty to preserve, culpability, relevance, prejudice, and a court's fact-specific ruling.

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. Provide the following written repair warranty: [TERMS / DURATION]
3. Payment of investigation and expert costs: $[AMOUNT]
4. Payment of attorney fees only if supported by contract or identified law: $[AMOUNT / OMIT]

Option B - Monetary Settlement:
Payment of $[AMOUNT] under a written settlement agreement.

This settlement request does not displace the response, inspection, offer, or rejection sequence in Wis. Stat. § 895.07. Any repair offer must comply with the statute, and any accepted resolution should identify scope, permits, schedule, access, contractor and qualifier credentials, insurance, warranties, payment, releases, and treatment of hidden or later-discovered conditions.

X. CONCLUSION

Please serve your response within the period required by Wis. Stat. § 895.07(2). The Owner will evaluate any statutory offer and serve any required rejection within the applicable period. No action will be commenced before the statutory waiting period and procedure are satisfied, unless Wisconsin counsel determines that § 895.07 does not apply or another current rule controls.

If another alleged construction defect is discovered after this notice, § 895.07(5) requires written notice of that new defect and a further opportunity to resolve it before the new defect is alleged in an action. Under § 895.07(3), premature filing can result in dismissal without prejudice or a stay, depending in part on whether the contractor or supplier provided the notice and brochure required by Wis. Stat. § 101.148(2). Counsel must calendar all limitation and repose deadlines independently; this process does not authorize late filing.

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):

• Confirm that the dispute concerns covered construction or remodeling of a dwelling; statutory “remodel” excludes maintenance and repair work
• Serve personally or by certified mail, return receipt requested, to the last-known address
• Serve at least 90 working days before action and include known supporting evidence, including expert reports
• Calendar the 15-working-day response, possible 25-working-day supplier period, inspection and testing sequence, 10-working-day post-inspection response, and 15-working-day rejection period
• Apply warranty terms under § 895.07(4) and separately notice later-discovered defects under § 895.07(5)

Statute of Repose (Wis. Stat. Section 893.89):

• General exposure period is seven years immediately following substantial completion
• Coverage and exceptions require defendant-, conduct-, project-, and claim-specific analysis
• Do not assume the demand or § 895.07 procedure extends the repose deadline

Limitations and Claims:

• § 893.43(1) generally supplies six years after accrual for an action on an express or implied contract, obligation, or liability
• § 893.52(2), rather than § 893.54, generally supplies three years after accrual for a non-contract action seeking damages for injury to real or personal property
• Analyze accrual, discovery, economic loss, warranty, privity, later-purchaser status, and remedies under current transaction-specific authority

Dwelling Contractor Certification:

• For one- and two-family dwelling permits, review § 101.654 and SPS 305.31
• Verify the Dwelling Contractor or Restricted credential, Dwelling Contractor Qualifier, permit applicant, status dates, and exceptions with DSPS

Home Improvement Practices:

• If ch. ATCP 110 covers the transaction, identify the exact representation, change, permit, warranty, written-contract, cancellation, delay, lien-waiver, or compliance provision at issue
• Demand § 100.20(5) remedies only when a covered violation caused provable pecuniary loss

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Wisconsin attorney before use.