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New law cuts the tension in building your houseBy Brad Boycks
This act, authored by Sen. Luther Olsen, R-Ripon, and state Rep. Steve Wieckert, R-Appleton, was signed into law recently by Gov. Jim Doyle and is a common sense procedure to give homeowners peace of mind should a problem arise during a new construction or remodeling project. The new law provides a "road map" for consumers on how to resolve problems. Home construction and remodeling projects can be stressful; this process will take the stress out of correcting a defect minus the time and cost of filing a lawsuit. The Consumer Right to Repair Act also establishes a more fluid process for the consumer to follow with the builder when resolving construction defect problems, making it easier, quicker and less expensive for both parties than going to court. One important note is that this law does not prevent a consumer from ultimately going to court if he or she cannot work out a settlement with a builder to resolve a construction defect. How the process in the Consumer Right to Repair Act will work: • Homeowners are required to provide written notice to a homebuilder of a defect claim prior to filing a lawsuit. • The builder has 15 to 25 days to respond to the homeowner in writing and offer to repair the problem without inspection, offer to settle without inspection, or request to inspect the problem. If the claim is rejected by the builder, a lawsuit may be brought against the builder without further notice. • The builder has the opportunity to inspect the dwelling within 15 days. After the inspection, the builder must provide a response to the homeowner within 10 days thereafter with an offer to repair, settle or reject the homeowner's claim. • If after an inspection the homebuilder rejects the claim and will not remedy or settle, the consumer may bring a lawsuit against the builder without further notice. The WBA worked hard on the passage of this bill because our reputable and professional members have confidence that it will have a positive effect on consumers' ability to get problems solved without the time, effort, and cost involved with going to court. The WBA also believes the state will reap the same results as Colorado, which passed a similar bill in 2003 and experienced 20 percent more homeowners filing claims in the first year it took effect; this is compared to the number of homeowners who filed suits in court during the prior year. During the last three years, 25 states have passed legislation similar to the Wisconsin Consumer Right to Repair Act, three states have had similar language on the books for a number of years, and nine states are considering similar legislation this session. The passage of the Consumer Right to Repair bill, along with the Builder Education Bill (SB 517) and the Home Safety Act last session are part of WBA's overall effort to increase the relationship between builders and consumers. What's in it for builders and consumers is obvious: It saves both parties time, stress ... and money! madison.com ©2009 Capital Newspapers. All rights reserved. |
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