Wisconsin right to cure law enacted in 2005 I believe. I have a customer who is unhappy with tile grout install and has withheld final payment. They have stated that they are not going to allow me the right to cure. Do I have the right to cure?
1 reply
Aug 11, 2020
Wisconsin did pass its Right to Cure laws in 2005. Essentially, that law creates a process for owners to notify their contractors when they believe defective work has been done. And, this notice must be given before the owner can pursue legal claims against their contractor. You can get a full breakdown of that process, here: Wisconsin's Right to Cure Law.
However, if the owner isn't going to bring legal claims, though, I'm not sure that the Right to Cure laws will come into play. Those laws are created to keep construction defect disputes from prematurely entering litigation. But, where the owner isn't looking to make a claim regarding the defective work, I don't know that those laws will be invoked.
I'm no expert with Wisconsin's Right to Cure laws, though. And, consulting a local lawyer would help there. You can begin the search here: Top Wisconsin Construction Lawyers.
How to recover construction payments in Wisconsin
When the owner is simply refusing to pay, other remedies will probably make more sense. If your customer or the owner refuses to pay what's owed, threatening a mechanics lien by sending a Notice of Intent to Lien might be a useful option. Plus, a Notice of Intent is a required part of WI's mechanics lien process, so recipients have no choice but to take the matter seriously.
Certainly, filing a mechanics lien claim could force payment too. More on that here: (1) Wisconsin Mechanics Lien Guide and FAQs; and (2) How to File a Wisconsin Mechanics Lien – Step by Step Guide.
If your customer or the owner won't pay you what you're owed, then other claims like breach of contract, unjust enrichment, etc. might be on the table. And, simply threatening to bring those legal claims with a payment demand letter could be enough to force payment. As mentioned above, a Wisconsin construction lawyer would help to sort through what legal claims will be on the table.