Do I Have the Right to Fix Bad Work? Wisconsin Edition — A Guide for Contractors

As a contractor in Wisconsin, you take pride in your work and want every project to meet your client’s expectations. However, even with the best intentions and highest standards, disputes over workmanship or materials can occasionally arise. That’s why understanding Wisconsin’s “Right to Cure Law” is essential for protecting your business and handling construction defect claims efficiently and fairly.

This guide will walk you through your responsibilities, the required timelines, and your rights as a contractor under this law—so you can resolve issues before they escalate into costly legal battles.

What Is Wisconsin’s Right to Cure Law?

The Right to Cure Law (2005 Wisconsin Act 201) establishes a step-by-step process for settling claims related to construction defects in new builds or remodeling projects. The law requires property owners to give contractors an opportunity to address alleged defects before they file a lawsuit.

For contractors, this law is an important safeguard. It not only gives you a chance to inspect and correct issues but also helps prevent misunderstandings and unnecessary litigation.

The law covers workmanship issues, material defects, and code violations on jobs where you had a contract for new construction or remodeling. It does not cover routine repairs or maintenance.

Who Does This Law Apply To?

The law mainly protects:

• Contractors hired for construction or remodeling work on dwellings
• Subcontractors and suppliers (especially in cases involving windows or doors)
• Property owners, tenants, and associations who contract for work

If you worked directly for a client under a construction/remodeling contract, Right to Cure applies to you. If the project was routine maintenance or repair—or there was no direct contract—it may not apply.

Types of Construction Defects Under the Law

Not all complaints filed by a client are covered by the Right to Cure Law. Covered defects typically include:

• Workmanship problems: Poor installation, lack of adherence to building practices, or shoddy finishing
• Material defects: Faulty products or unsuitable materials
• Building code violations: Any work not up to local or state code

Routine maintenance issues, aging, or normal wear and tear do not qualify as defects under this law.

Step-by-Step: Handling a Claim as a Contractor

Understanding the required steps and timelines helps you comply with the law and resolve issues quickly.

Step 1: Receiving Written Notice from the Claimant

Before a homeowner or property owner can start a lawsuit, they must deliver a written notice describing the alleged defect. This notice must be provided to you at least 90 working days before they take legal action.

The notice should detail:

• The nature and location of the defect
• When the problem was discovered
• Any resulting damages

If you receive such a notice, it is important to respond in writing within the prescribed timeline.

Step 2: Responding to the Claim (15–25 Working Days)

Once you receive the notice, you generally have:

• 15 working days to reply for most defects
• 25 working days if the claim involves windows or doors (to allow coordination with suppliers)

Your response options include:

1. Offering to repair or remedy the alleged defect
2. Offering to settle with monetary compensation
3. Proposing a combination of repairs and compensation
4. Rejecting the claim, with explanations
5. Requesting to inspect the defect or perform tests

It’s wise to document everything and respond as clearly and thoroughly as possible. If you choose to inspect, request prompt access to the property, and ensure all findings are documented.

If disputes escalate beyond the Right to Cure process, experienced construction contract disputes attorneys can help you navigate complex litigation and protect your business interests

Step 3: Claimant’s (Owner’s) Written Response (15 Working Days)

After your response, the owner has 15 working days to accept, partially accept, or reject your offer—or to request clarification. If you’ve rejected their original claim, they may proceed directly to legal action.

For window or door issues, make sure any necessary suppliers are aware of and involved in the process.

Step 4: Supplemental Response (5 Working Days)

If the owner rejects your initial offer, you have one more chance—a 5 working day window—to make a supplemental offer or notify them in writing that you have no further offer.

This step gives you another opportunity to resolve the dispute and demonstrate good faith.

Step 5: Owner’s Final Response and Possible Legal Action

Once you’ve made your final offer (or stated that no further offers will be made), the property owner can choose to accept, reject, or commence legal proceedings. If you have made a supplemental offer, the claimant must respond within 15 working days.

Key Points for Contractors

• Missed Deadlines Matter: Failing to respond within the statutory timelines can limit your ability to make an offer—or may even allow the claimant to proceed directly to court.
• The Law Is Mandatory: Failure to follow the Right to Cure process can result in legal delays or your defense being dismissed outright.
• Maintain Records: Save all communications, offers, site inspection notes, photographs, and copies of written responses.
• Access for Inspection: You’re allowed to inspect and test the alleged defect, but you must request reasonable access and act promptly.

Special Scenarios

• New Defects Discovered Later: Each new claim triggers a new Right to Cure process, so separate timelines apply.
• Multiple Parties Involved: If you need to involve subcontractors or suppliers (for example, in window or door claims), inform them right away and ensure they receive proper notice.
• Contractor-Seeking Contribution: You may follow a separate timeline if seeking reimbursement from a supplier.

Your Rights Under the Right to Cure Law

• You have a legal opportunity to inspect and address defects before litigation.
• You can make offers to repair, replace, or compensate.
• You can negotiate with the claimant and propose reasonable remedies.
• The law protects you from immediate lawsuits, promoting problem-solving and reducing legal costs.

When the Law Does Not Apply

• No construction or remodeling contract exists (e.g., the claimant simply bought an existing home)
• The issue is routine maintenance or repair, not a construction defect
• Emergency situations may require immediate action, outside the standard process

Best Practices for Contractors

• Educate Your Clients: When signing a contract, provide materials describing the Right to Cure Law (as required by Wisconsin statutes). Having your contracts professionally reviewed through construction contract review services can help ensure all required disclosures and legal protections are properly included.
• Respond Promptly: Even if you disagree with a claim, timely and professional communication is critical.
• Be Thorough in Documentation: From contracts to repair offers, detail everything.
• Work Collaboratively: Clear, respectful communication can often resolve issues before they escalate.
• Consult Legal Counsel: For complex or high-value disputes, seek guidance from an attorney experienced in construction law.

Our construction law attorneys understand Wisconsin’s Right to Cure requirements and can help you navigate the process while protecting your business reputation.

Conclusion

Wisconsin’s Right to Cure Law is designed to give you, as a contractor, the chance to correct problems and resolve disputes without jumping straight to court. By understanding your rights and responsibilities, following the required timelines, and communicating thoroughly, you can protect your business and reputation, even when unexpected challenges arise.