Wisconsin Home Improvement Contract

Wisconsin Home Improvement Contract

Before you use this: Give the buyer the separate Notice of Consumer’s Right to Receive Lien Waivers before the parties enter this agreement. For dwelling construction or remodeling, also deliver a copy of the DSPS Right to Cure brochure and keep the construction-defect notice below. If the transaction meets Wis. Stat. § 423.201, give two copies of the separate Customer’s Right to Cancel notice when § 423.203 requires them. If negotiations used a language other than English primarily, prepare this agreement in that language as well as English under ATCP 110.05(6).

Agreement date: [__/__/____]

Buyer: [FULL LEGAL NAME], [MAILING ADDRESS], [PHONE AND EMAIL]. Buyer is the ☐ owner ☐ paying tenant or lessee of the project property.

Seller/contractor: [LEGAL BUSINESS NAME], [BUSINESS ADDRESS], [PHONE AND EMAIL]. Sales representative or negotiating agent: [NAME AND ADDRESS / NONE]. Project address: [STREET ADDRESS, CITY, WI ZIP].

1. Work and materials

Seller shall perform the work described in Exhibit A, attached and made part of this agreement. Exhibit A identifies each work area and task; the principal products, fixtures, and materials; and their name, make, size, capacity, model, model year, type, grade, quality, size, and quantity wherever applicable. Anything excluded from the work is stated there. The parties will initial each completed Exhibit A page.

Seller shall supply labor, supervision, equipment, and materials stated in Exhibit A and perform the work in a competent manner. Seller will not substitute a specified or represented product or material without Buyer's prior written consent in a signed change order, except for a verbal alteration that qualifies under ATCP 110.023(2).

2. Permits, inspections, and schedule

Required state and local permits disclosed before signing: [LIST EACH PERMIT AND ISSUING OFFICE / NONE, WITH REASON]. Permit applicant and cost: [SELLER / BUYER] will apply for [PERMITS] and pay $[AMOUNT] as ☐ included in the contract price ☐ separately stated below. Seller will not begin work that requires a permit until that permit is issued. At completion, Seller will give Buyer copies of required midpoint and final inspection certificates before requesting final payment; if an inspector issues no document, Seller will provide the inspection summary described by ATCP 110.03(3).

Start date or start period: [DATE OR PERIOD]. Completion date or completion period: [DATE OR PERIOD]. Access hours: [HOURS AND DAYS]. Buyer selections due: [ITEM AND DATE / NONE].

Seller shall give Buyer timely notice of an impending delay beyond an agreed deadline, stating the reason and proposed new start or completion date. An agreed deadline changes only with Buyer's written agreement. This paragraph does not waive Buyer's rights under ATCP 110.07.

3. Price and payments

Choose and complete one price method: ☐ Fixed price: $[TOTAL], including $[FINANCE CHARGES / 0]. ☐ Time and materials: labor at $[RATE] per hour for [CATEGORIES], materials at [SPECIFY COST OR MARKUP METHOD], other charges [ITEM AND RATE], estimated total $[AMOUNT], and ☐ maximum authorized price $[AMOUNT] ☐ no maximum price agreed. State any finance charge and all other price conditions here: [DETAILS / NONE].

Payee and payment method: [DETAILS]. Seller shall itemize each invoice, show earlier payments and approved changes, and apply prepayments to this project. If Buyer requests written lien waivers, Seller shall provide the waivers described by ATCP 110.025(2) for work and materials furnished as payments are made, unless Buyer limits the request to final payment.

4. Financing, protection, and other participants

Financing: ☐ None ☐ Separate financing agreement described as [DOCUMENT, LENDER, TERMS]. Mortgage or security interest to be taken: [DESCRIPTION / NONE]. Promissory note: [AMOUNT AND TERMS / NONE]. Any note terms must match this agreement exactly. If Seller uses a separate promissory note or other instrument besides a check, it must bear the contrasting boldface non-negotiability statement required by ATCP 110.06(3). No term here waives Buyer's claims or defenses under ATCP 110.06.

Insurance or other protection represented as part of this sale: [NONE / PROVIDER NAME AND ADDRESS, COVERAGE, CONDITIONS, EXCLUSIONS, LIMITS]. If protection is represented, Seller shall furnish the policy, declarations page, or other evidence before final payment is due.

Other general contractor or person responsible for performance: [NAME AND ADDRESS / NONE]. Seller may not assign this agreement without Buyer's written consent when ATCP 110.05(5) applies.

5. Warranties, changes, and completion

Seller's workmanship warranty, if offered: [TERM, COVERED WORK, EXCLUSIONS, CLAIM METHOD, AND RESPONSE PERIOD / NO ADDITIONAL SELLER WARRANTY]. Product or manufacturer warranties: [IDENTIFY EACH AND ATTACH / NONE]. Seller shall give Buyer each written seller warranty and a written record of any oral warranty at signing; manufacturer warranty delivery follows ATCP 110.04(1).

Any change affecting scope, materials, price, or deadlines must be described in a dated writing signed by Buyer and Seller before changed work proceeds, except the limited verbal alteration in ATCP 110.023(2). The change order states the new price and schedule. Seller will not charge for unapproved additions.

At completion the parties will inspect the work and list unfinished or disputed items, agreed corrections, and target dates: [ATTACH PUNCH LIST / NONE]. A signature on a completion record confirms only the facts it states and does not waive applicable rights.

6. Notices and agreement documents

Written notices under this agreement go to the mailing addresses above unless a party gives a new address in writing. Wisconsin law governs, subject to applicable consumer protections. This agreement, Exhibit A, the listed warranty and financing documents, and signed change orders contain the parties' agreement. Other incorporated documents: [IDENTIFY BY TITLE AND DATE / NONE].

Seller shall give Buyer a completed signed copy before Seller starts work or receives payment. Buyer acknowledges receiving the separate lien-waiver notice before signing this agreement on [__/__/____]; Seller keeps evidence of that receipt. Consumer-approval notice determination: ☐ Two copies delivered under Wis. Stat. § 423.203 on [__/__/____] ☐ Section 423.201 does not apply because [FACTS].

Dwelling construction or remodeling notice — Wis. Stat. § 101.148

☐ This project constructs or remodels a dwelling. Before signing, Seller delivered Buyer a copy of the DSPS Right to Cure brochure on [__/__/____]. The conspicuous notice below is included in this agreement.

☐ This project is limited to maintenance or repair work and does not construct or remodel a dwelling. Explain the scope: [DETAILS].

NOTICE CONCERNING CONSTRUCTION DEFECTS

Wisconsin law contains important requirements you must follow before you may file a lawsuit for defective construction against the contractor who constructed your dwelling or completed your remodeling project or against a window or door supplier or manufacturer. Section 895.07 (2) and (3) of the Wisconsin statutes requires you to deliver to the contractor a written notice of any construction conditions you allege are defective before you file your lawsuit, and you must provide your contractor or window or door supplier the opportunity to make an offer to repair or remedy the alleged construction defects. You are not obligated to accept any offer made by the contractor or window or door supplier. All parties are bound by applicable warranty provisions.

Construction lien notice — Wis. Stat. § 779.02(2)(a)

☐ Seller has contracted or will contract with subcontractors, suppliers, or service providers for this improvement. The following notice is part of this signed contract. ☐ Seller will use none of them; record the basis for that determination: [FACTS]. This construction lien notice is separate from the lien-waiver notice delivered before signing. For this notice, “claimant” means Seller. Preserve at least 8-point bold type when printing this contract; use capital letters if typewritten.

“As required by the Wisconsin construction lien law, claimant hereby notifies owner that persons or companies performing, furnishing, or procuring labor, services, materials, plans, or specifications for the construction on owner’s land may have lien rights on owner’s land and buildings if not paid. Those entitled to lien rights, in addition to the undersigned claimant, are those who contract directly with the owner or those who give the owner notice within 60 days after they first perform, furnish, or procure labor, services, materials, plans or specifications for the construction. Accordingly, owner probably will receive notices from those who perform, furnish, or procure labor, services, materials, plans, or specifications for the construction, and should give a copy of each notice received to the mortgage lender, if any. Claimant agrees to cooperate with the owner and the owner’s lender, if any, to see that all potential lien claimants are duly paid”.

Buyer signature: ______________________________ Date: [__/__/____]

Buyer printed name: [NAME]

Seller signature: ______________________________ Date: [__/__/____]

Seller signer and title: [NAME AND TITLE]

Exhibit A — Work specifications

Buyer initials: [____] Seller initials: [____]