895.065(3)(b)1.1. The defendant is not a responsible party; or
895.065(3)(b)2.2. The harm claimed to be caused by a nuclear incident could not have reasonably resulted from the nuclear incident.
895.065(4)(4)Court award. In issuing any final order in any action brought under this section in which the plaintiff prevails, the court shall award to the plaintiff the cost of the suit, including reasonable attorney and expert witness fees, and the damages sustained by the plaintiff.
895.065(5)(5)Construction. This section may not be deemed to have any effect upon the liability of any person for any harm caused by any incident which is not a nuclear incident.
895.065 HistoryHistory: 1985 a. 29; 1989 a. 31; 1989 a. 56 s. 259; 1993 a. 27; 1995 a. 227, 247; 1999 a. 9; 2009 a. 42 ss. 153 to 156; Stats. 2009 s. 895.065.
895.07895.07Claims against contractors and suppliers.
895.07(1)(1)Definitions. In this section:
895.07(1)(a)(a) “Action” means a civil action or an arbitration under ch. 788.
895.07(1)(b)(b) “Association” means a homeowner’s association, condominium association under s. 703.02 (1m), unit owner’s association, or a nonprofit corporation created to own and operate portions of a planned community that may assess unit owners for the costs incurred in the performance of the association’s obligations.
895.07(1)(c)(c) “Claim” means a request or demand to remedy a construction defect caused by a contractor or supplier related to the construction or remodeling of a dwelling.
895.07(1)(d)(d) “Claimant” means the owner, tenant, or lessee of a dwelling, or an association, who has standing to sue a contractor or supplier regarding a construction defect.
895.07(1)(e)(e) “Construction defect,” in those cases when the contractor or supplier has provided a warranty to a consumer, means the definition of “defect” in the warranty. In all other cases, “construction defect” means a deficiency in the construction or remodeling of a dwelling that results from any of the following:
895.07(1)(e)1.1. Defective material.
895.07(1)(e)2.2. Violation of applicable codes.
895.07(1)(e)3.3. Failure to follow accepted trade standards for workmanlike construction.
895.07(1)(f)(f) “Consumer” means a person who enters into a written or oral contract with a contractor to construct or remodel a dwelling.
895.07(1)(g)(g) “Contractor” means a person that enters into a written or oral contract with a consumer to construct or remodel a dwelling.
895.07(1)(h)(h) “Dwelling” means any premises or portion of a premises that is used as a home or a place of residence and that part of the lot or site on which the dwelling is situated that is devoted to residential use. “Dwelling” includes other existing structures on the immediate residential premises such as driveways, sidewalks, swimming pools, terraces, patios, fences, porches, garages, and basements.
895.07(1)(i)(i) “Remodel” means to alter or reconstruct a dwelling. “Remodel” does not include maintenance or repair work.
895.07(1)(j)(j) “Serve” or “service” means personal service or delivery by certified mail, return receipt requested, to the last-known address of the addressee.
895.07(1)(k)(k) “Supplier” means a person that manufactures or provides windows or doors for a dwelling.
895.07(1)(L)(L) “Working day” means any day except Saturday, Sunday, and holidays designated in s. 230.35 (4) (a).
895.07(2)(2)Notice and opportunity to repair.
895.07(2)(a)(a) Before commencing an action against a contractor or supplier regarding a construction defect, a claimant shall do all of the following:
895.07(2)(a)1.1. No later than 90 working days before commencing the action, deliver written notice to the contractor containing a description of the claim in sufficient detail to explain the nature of the alleged defect and a description of the evidence that the claimant knows or possesses, including expert reports, that substantiates the nature and cause of the alleged construction defect.
895.07(2)(a)2.2. Provide the contractor or supplier with the opportunity to repair or to remedy the alleged construction defect.
895.07(2)(b)(b) Within 15 working days after the claimant serves notice of claim under par. (a), or within 25 working days if the contractor makes a claim for contribution from a supplier under sub. (7) (a), each contractor that has received the notice of claim shall serve on the claimant any of the following:
895.07(2)(b)1.1. A written offer to repair or remedy the construction defect at no cost to the claimant. The offer shall include a description of any additional construction necessary to remedy the construction defect and a timetable for the completion of the construction.
895.07(2)(b)2.2. A written offer to settle the claim by monetary payment.