893.35 HistoryHistory: 1979 c. 323. 893.35 NoteJudicial Council Committee’s Note, 1979: This section is based on previous s. 893.19 (6), without change in substance, but with some expansion of language to make clear that accrual of the cause of action is not delayed until the person bringing the action learns of the wrongful taking or detention. The limitation with respect to an action for damages is contained in s. 893.51. [Bill 326-A]
893.35 AnnotationA wrongful detention claim is separate from a conversion claim. A wrongful detention claim may arise against a possessor of previously converted or wrongfully taken property. Under those facts, a wrongful detention claim is available and, for purposes of this section and s. 893.51 (1), accrues at the time the property is obtained. No demand is necessary. Mueller v. TL90108, LLC, 2020 WI 7, 390 Wis. 2d 34, 938 N.W.2d 566, 17-1962. 893.35 AnnotationThis section and s. 893.51 (1) are statutes of repose, not statutes of limitation. A statute of repose provides that a cause of action must be commenced within a specified amount of time after the defendant’s action that allegedly led to injury, regardless of whether the plaintiff has discovered the injury or wrongdoing. With regard to a wrongful detention claim, the statutes focus on when the wrongful detention begins, not when the property owner discovers or knows of the detention. Mueller v. TL90108, LLC, 2020 WI 7, 390 Wis. 2d 34, 938 N.W.2d 566, 17-1962. 893.36893.36 Secured livestock. 893.36(1g)(d)(d) “Market agency” means a person regularly engaged in the business of receiving, buying or selling livestock whether on a commission basis or otherwise. 893.36(1m)(1m) An action by a secured party to recover damages or property, based upon the sale of livestock which when sold is the secured party’s collateral, against the market agency which in the ordinary course of business conducts the auction of the livestock, or against a buyer in ordinary course of business shall be commenced within 2 years after the date of sale of the livestock, or be barred, if: 893.36(1m)(a)(a) The debtor signs or endorses any writing arising from the transaction, including a check or draft, which states that the sale of the livestock is permitted by the secured party; and 893.36(1m)(b)(b) The secured party does not commence an action, within 2 years after the date of sale of the livestock against the debtor for purposes of enforcing rights under the security agreement or an obligation secured by the security agreement. 893.36(2)(2) This section does not apply to actions based upon a sale of livestock occurring prior to April 3, 1980, nor to an action by a secured party against its debtor. Section 893.35 or 893.51 applies to any action described in sub. (1m) if the limitation described in sub. (1m) is not applicable. 893.37893.37 Survey. No action may be brought against an engineer or any professional land surveyor, as defined in s. 443.01 (7m), to recover damages for negligence, errors, or omission in the making of any survey nor for contribution or indemnity related to such negligence, errors, or omissions more than 6 years after the completion of a survey. 893.37 HistoryHistory: 1979 c. 323 s. 3; Stats. 1979 s. 893.36; 1979 c. 355 s. 228; Stats. 1979 s. 893.37; 2013 a. 358. 893.37 AnnotationThe discovery rule applies to statutes of limitations that limit the time to sue from the time when the action “accrues,” being the time of discovery. The discovery rule does not apply to this section because it is a statute of repose, a statute that specifies the time of accrual—in this statute the time when the injury occurred—and limits the time suit can be brought from that specified date. Tomczak v. Bailey, 218 Wis. 2d 245, 578 N.W.2d 166 (1998), 95-2733. 893.38893.38 Extension of certain approvals. 893.38(1)(a)(a) “Challenged permit” means a permit or other approval to which all of the following apply: 893.38(1)(a)1.1. The permit or other approval authorizes a construction project. 893.38(1)(a)2.2. The application for the permit or other approval includes a description of the construction project. 893.38(1)(a)3.3. The permit or other approval was issued by a governmental unit and becomes or remains subject to administrative, judicial, or appellate proceedings, whether or not any proceeding reversed the permit or other approval. 893.38(1)(a)4.4. The permit or other approval has or had a finite term or duration, and the term or duration has not expired. 893.38(1)(a)5.5. The permit or other approval is the subject of administrative, judicial, or appellate proceedings that may result in the invalidation, reconsideration, or modification of the permit or approval, provided that the proceedings or, if the proceedings are reviewing another decision, the proceedings originating the review proceedings were initiated by a person other than the holder of the permit or approval. 893.38(1)(b)(b) “Challenged plat or survey” means a plat or certified survey map approval that is the subject of administrative, judicial, or appellate proceedings that may result in the invalidation, reconsideration, or modification of the approval, provided that the proceedings, or, if the proceedings are reviewing another decision, the proceedings originating the review proceedings were initiated by a person other than the holder of the approval. 893.38(1)(c)(c) “Construction project” means organized improvements to real property that include the construction or redevelopment of at least one building for occupancy. 893.38(1)(d)(d) “Covered approval” means a challenged permit or challenged plat or survey. 893.38(1)(e)(e) “Governmental unit” means the department of natural resources, the department of transportation, a city, a village, a town, a county, or a special purpose district. 893.38(2)(2) Automatic extension. A person who has received a covered approval shall obtain an automatic extension of the covered approval by notifying the governmental unit that issued the covered approval of the person’s decision to exercise the extension not more than 90 days nor less than 30 days before the expiration of the unextended term or duration of the covered approval. A notification under this subsection shall be in writing and shall specify the covered approval extended. This subsection does not apply to a covered approval for which an automatic extension is not allowed under applicable federal law. 893.38(3)(3) Term of extension. The term or duration of a covered approval extended under sub. (2) is an amount of time equal to 36 months plus the duration of the administrative, judicial, or appellate proceedings to which the covered approval is subject. For purposes of calculating the duration of administrative, judicial, or appellate proceedings under this subsection, proceedings begin on the date of the initial filing of the proceedings, or, if the proceedings are reviewing another decision, the proceedings originating the review proceedings and end on the date of the final order disposing of all proceedings. 893.38(4)(4) Effect of orders. A covered approval extended under sub. (2) is subject to any order concerning the covered approval that is issued in an administrative, judicial, or appellate proceeding, including a suspension, injunction, restraining order, invalidation, reconsideration, or modification. 893.38(5)(5) Change of law. Except as provided in s. 66.10015, the laws, regulations, ordinances, rules, or other properly adopted requirements that were in effect at the time the covered approval was issued shall apply to the construction project, plat, or certified survey map during the period of extension. This subsection does not apply to the extent that a governmental unit demonstrates that the application of this subsection will create an immediate threat to public health or safety. 893.38(6)(6) Regulation of safety and sanitation. This section does not limit any state or local unit of government from requiring that property be maintained and secured in a safe and sanitary condition in compliance with applicable laws, administrative rules, or ordinances. 893.38(7)(7) Exceptions. This section does not apply to any of the following: 893.38(7)(a)(a) A covered approval under any programmatic, regional, or nationwide general permit issued by the U.S. army corps of engineers. 893.38(7)(b)(b) A covered approval that authorizes a water pollutant discharge under s. 283.31, 283.33, or 283.35 or construction or operation of a stationary source under s. 285.60. 893.38(7)(c)(c) The holder of a covered approval who is determined by the issuing governmental unit to be in significant noncompliance with the conditions of the covered approval as evidenced by written notice of violation or the initiation of a formal enforcement action. 893.38 HistoryHistory: 2021 a. 80; 2021 a. 240 s. 30. ACTIONS RELATING TO CONTRACTS
AND COURT JUDGMENTS
893.40893.40 Action on judgment or decree; court of record. Except as provided in ss. 846.04 (2) and (3) and 893.415, action upon a judgment or decree of a court of record of any state or of the United States shall be commenced within 20 years after the judgment or decree is entered or be barred. 893.40 NoteJudicial Council Committee’s Note, 1979: This section has been created to combine the provisions of repealed ss. 893.16 (1) and 893.18 (1). A substantive change from prior law results as the time period for an action upon a judgment of a court of record sitting without this state is increased from 10 years to 20 years and runs from the time of entry of a judgment. The separate statute of limitations for an action upon a sealed instrument is repealed as unnecessary. [Bill 326-A]
893.40 AnnotationThe defendant was prejudiced by an unreasonable 16-year delay in bringing suit; thus laches barred suit even though the applicable limitation period did not. Schafer v. Wegner, 78 Wis. 2d 127, 254 N.W.2d 193 (1977). 893.40 AnnotationA request by the state or an offender to correct a clerical error in the sentence portion of a written judgment to reflect accurately an oral pronouncement of sentence is not an “action upon a judgment” under this section. State v. Prihoda, 2000 WI 123, 239 Wis. 2d 244, 618 N.W.2d 857, 98-2263. 893.40 AnnotationThis section clearly and unambiguously specifies that the date when a cause of action to collect past-due child support payments begins to run is the date when a judgment ordering payments is entered. State v. Hamilton, 2003 WI 50, 261 Wis. 2d 458, 661 N.W.2d 832, 01-1014. 893.40 AnnotationUnder the circumstances present in this case in which a statute precluded a provision in a judgment, the statute of repose could not begin to run as to that provision until the legislature changed the law such that the provision could be carried out. Johnson v. Masters, 2013 WI 43, 347 Wis. 2d 238, 830 N.W.2d 647, 11-1240. 893.40 AnnotationThis section did not bar an action to enforce a divorce judgment that required a party to divide the party’s pension only “when and if” the pension became “available” to the party because it was impossible to judicially enforce that requirement during the first 21 years after the divorce judgment. Schwab v. Schwab, 2021 WI 67, 397 Wis. 2d 820, 961 N.W.2d 56, 19-1200. 893.41893.41 Breach of contract to marry; action to recover property. An action to recover property procured by fraud by a party in representing that he or she intended to marry the party providing the property and not breach the contract to marry, to which s. 768.06 applies, shall be commenced within one year after the breach of the contract to marry. 893.41 HistoryHistory: 1979 c. 323; 1981 c. 314 s. 146. 893.41 NoteJudicial Council Committee’s Note, 1979: This section has been created to place into ch. 893 the statute of limitations for an action to recover property for an alleged breach of a contract to marry. See also note following s. 768.06. [Bill 326-A]
893.415893.415 Action to collect support. 893.415(1)(1) In this section, “action” means any proceeding brought before a court, whether commenced by a petition, motion, order to show cause, or other pleading. 893.415(2)(2) An action to collect child or family support owed under a judgment or order entered under ch. 767, or to collect child support owed under a judgment or order entered under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), 938.363 (2), or 948.22 (7), shall be commenced within 20 years after the youngest child for whom the support was ordered under the judgment or order reaches the age of 18 or, if the child is enrolled full-time in high school or its equivalent, reaches the age of 19. 893.415(3)(3) An action under this section is commenced when the petition, motion, order to show cause, or other pleading commencing the action is filed with the court, except that an action under this section is not commenced if proper notice of the action, as required by law or by the court, has not been provided to the respondent in the action within 90 days after the petition, motion, order to show cause, or other pleading is filed. 893.415 HistoryHistory: 2003 a. 287; 2015 a. 373. 893.42893.42 Action on a judgment of court not of record. An action upon a judgment of a court not of record shall be commenced within 6 years of entry of judgment or be barred. 893.42 HistoryHistory: 1979 c. 323. 893.42 NoteJudicial Council Committee’s Note, 1979: This section is previous s. 893.19 (1) renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.425893.425 Voidable transfers and obligations. An action with respect to a transfer or obligation under ch. 242 shall be barred unless the action is commenced: 893.425(1)(1) Under s. 242.04 (1) (a), not later than 4 years after the transfer is made or the obligation is incurred or, if later, not later than one year after the transfer or obligation is or could reasonably have been discovered by the claimant. 893.425 HistoryHistory: 1987 a. 192; 2023 a. 246. 893.425 AnnotationSub. (1) sets a one-year statute of limitations from the point at which the claimant discovers or reasonably could have discovered the fraudulent nature of the transfer or obligation. The statute of limitations test is not based on discovery of the transfer; it is based on discovery of the fraudulent nature of the transfer. Official Committee of Unsecured Creditors of Great Lakes Quick Lube LP v. Theisen, 2018 WI App 70, 384 Wis. 2d 580, 920 N.W.2d 356, 18-0333. 893.425 NoteNOTE: The above annotation relates to the Uniform Fraudulent Transfer Act as adopted in ch. 242 prior to the revision and renaming of that chapter to the Uniform Voidable Transactions Law by 2023 Wis. Act 246. 893.43893.43 Action on contract. 893.43(1)(1) Except as provided in sub. (2), an action upon any contract, obligation, or liability, express or implied, including an action to recover fees for professional services, except those mentioned in s. 893.40, shall be commenced within 6 years after the cause of action accrues or be barred. 893.43(2)(2) An action upon a motor vehicle insurance policy described in s. 632.32 (1) shall be commenced within 3 years after the cause of action accrues or be barred. A cause of action involving underinsured motorist coverage, as defined in s. 632.32 (2) (d), or uninsured motorist coverage, as defined in s. 632.32 (2) (f), accrues on the date there is final resolution of the underlying cause of action by the injured party against the tortfeasor. 893.43 HistoryHistory: 1979 c. 323; 2015 a. 133. 893.43 NoteJudicial Council Committee’s Note, 1979: This section is previous s. 893.19 (3) renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.43 AnnotationA bonus plan to compensate for increased profits is a contract. Younger v. Rosenow Paper & Supply Co., 51 Wis. 2d 619, 188 N.W.2d 507 (1971). 893.43 AnnotationAn action to recover benefits under a pension plan is an action to enforce a contract, not an action for wages. Estate of Schroeder v. Gateway Transportation Co., 53 Wis. 2d 59, 191 N.W.2d 860 (1971). 893.43 AnnotationAn action for personal injuries resulting from medical malpractice, although based on contract, is subject to the three-year limitation for injuries to the person. Estate of Kohls v. Brah, 57 Wis. 2d 141, 203 N.W.2d 666 (1973). 893.43 AnnotationAn action by an insured against an insurance agent for failing to procure requested coverage is not an action against the insurer on the policy, but is an action resting upon the agent’s contract with the insured to procure the insurance coverage agreed upon subject to the statute of limitations for contract. Estate of Ensz v. Brown Insurance Agency, Inc., 66 Wis. 2d 193, 223 N.W.2d 903 (1974). 893.43 AnnotationA cause of action for contribution is based upon a contract implied by law and must be brought within six years after one joint tortfeasor has paid more than the tortfeasor’s share. Hartford Fire Insurance Co. v. Osborn Plumbing & Heating, Inc., 66 Wis. 2d 454, 225 N.W.2d 628 (1975). 893.43 AnnotationWhen an employer deducted a “hypothetical tax factor” from salaries of its overseas employees so as to equalize compensation of its employees worldwide, an action to recover amounts so deducted had to be brought within the limitation period on wage claims, and not the period on other contract claims. Sussmann v. Gleisner, 80 Wis. 2d 435, 259 N.W.2d 114 (1977). 893.43 AnnotationIf the object of a disputed contract is the end product or fruit of human labor rather than the labor per se, s. 893.19 (3) [now this section] applies rather than s. 893.21 (5) [now s. 893.44]. Rupp v. O’Connor, 81 Wis. 2d 436, 261 N.W.2d 815 (1978). 893.43 AnnotationPartial payment of an obligation made prior to the running of the statute of limitations tolls the statute and sets it running from the date of payment. St. Mary’s Hospital Medical Center v. Tarkenton, 103 Wis. 2d 422, 309 N.W.2d 14 (Ct. App. 1981). 893.43 AnnotationA breach of a roofing contract occurred when the faulty roof was completed, not when the building was completed. State v. Holland Plastics Co., 111 Wis. 2d 497, 331 N.W.2d 320 (1983). 893.43 AnnotationAn unjust enrichment claim accrues when a cohabitational relationship terminates. The court does not determine what statute of limitations, if any, applies. Watts v. Watts, 152 Wis. 2d 370, 448 N.W.2d 292 (Ct. App. 1989). 893.43 AnnotationA contract cause of action accrues at the time of the breach. The discovery rule is inapplicable. CLL Associates v. Arrowhead Pacific Corp., 174 Wis. 2d 604, 497 N.W.2d 115 (1993). 893.43 AnnotationThis section applies to actions for the recovery of sales commissions. Erdman v. Jovoco, Inc., 181 Wis. 2d 736, 512 N.W.2d 487 (1994). 893.43 AnnotationA party’s deficient performance of a contract does not give rise to a tort claim. There must be a duty independent of the contract for a cause of action in tort. Atkinson v. Everbrite, Inc., 224 Wis. 2d 724, 592 N.W.2d 299 (Ct. App. 1999), 98-1806. 893.43 AnnotationFor actions seeking coverage under an underinsured motorist policy, the statute of limitations begins to run from the date of loss, which is the date on which a final resolution is reached in the underlying claim against the tortfeasor, be it through denial of that claim, settlement, judgment, execution of releases, or other form of resolution, whichever is the latest. Yocherer v. Farmers Insurance Exchange, 2002 WI 41, 252 Wis. 2d 114, 643 N.W.2d 457, 00-0944.
