Proudly Serving Brown, Kewaunee Marinette and Eastern Oconto Counties
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These days, new home buyers can look forward to settling down
into houses and condominiums with features that would have been
unimaginable just a few years ago. From high quality materials to
advanced construction techniques, today's homes are built to last.
They're built for busy families to enjoy. So, when those rare
problems arise, the last things homeowners want are hassles.
The Brown County Home Builders Association proudly supported a
new consumer protection law, Right to Repair, signed by
Governor Doyle on March 27, 2006. Wisconsin is the 28th state to
adopt this commonsense, bipartisan-supported legislation for
resolving construction disputes. This is an alternative dispute
resolution law that establishes a process, prior to time-consuming
and costly litigation, by which homeowners can seek remedy to
The Right to Repair Law went into effect on October 1,
2006. At that time, builders will provide an informational
brochure, supplied by the State of Wisconsin, to all customers
before entering into a contract to construct or remodel a
residence. If the builder fails to provide the brochure, the
builder will lose any rights and protections under the Right to
Repair Law, and the homeowner will not have to provide the builder
notice of a defect and the opportunity to repair.
If the brochure is provided, a homeowner must provide written
notice to the builder detailing the construction or remodeling
defect, and the builder must be given the opportunity to repair it.
If a homeowner doesn't provide written notice and an opportunity to
repair but instead has the defect repaired by a third party, the
builder is no longer liable for the defect.
After receiving written notice of a possible construction
defect, the builder is required to respond to the claim in writing
and indicate if the company will repair the defect, pay the claim
or deny the claim. If the homeowner doesn't accept the builder's
offer, a reply must be made in writing and include the reasons for
the rejection. The builder has another opportunity to make an
offer, in hopes a compromise can be reached. If the builder rejects
the claim and will not remedy or settle or does not respond to the
homeowner's notice, the homeowner may bring an action against the
builder without further notice.
In other states where similar legislation is law, the majority
of claims are settled after the first notice to the builder.
According to a national study by NERA Economic Consulting of White
Plains, NY, litigation ensures neither a timely resolution to
disputes nor compensation sufficient for homeowners to make needed
repairs. Where Right to Repair is law, the number of construction
defect lawsuits has dropped dramatically.
Members of The Brown County Home Builders Association understand
that building a home or condominium represents one of the largest
financial transactions most families ever undertake. BCHBA believes
home buyers deserve the peace of mind that comes with knowing
there's a way to resolve construction issues, and Right to Repair
creates a fair path for both homeowners and builders to follow.
811 Packerland Drive
P.O. Box 13194 | Green Bay, WI 54307-3194
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