Can Civil Litigation Be Used to Resolve Disputes With Subcontractors?

 Posted on March 16,2020 in Commercial Litigation

Legal disputes can be stressful and time-consuming. If they are not solved within a reasonable time frame, they can cost a great deal of time and resources for you and/or your business. If you are a contractor who has a dispute with a subcontractor, you should speak to an attorney and understand your options for reaching a resolution. Your lawyer can help you determine whether civil litigation is an option in your case. 

Wisconsin’s Right to Cure Law

In 2005, Wisconsin established the Right to Cure Law (also known as the 2005 Wisconsin Act 201), which details the procedures followed when making claims against contractors or subcontractors. Under this law, a claim can be filed for construction defects involving the use of defective materials, violations of building codes, or failure to follow accepted standards for completing work. 

A person must provide written notice to a contractor or subcontractor at least 90 days before filing a claim. This notice must describe the defect in sufficient detail and describe the evidence that the claimant possesses.  The written notice must also allow the contractor or subcontractor the opportunity to address the defect. They may do so by making repairs at no cost, settling the claim through a monetary payment, or a combination of these two remedies. If the contractor or subcontractor rejects the claim, or if the claimant does not accept their settlement offer, the claim may be filed and resolved through civil litigation.

Options for Resolving Disputes

Before making a claim against a contractor or subcontractor, you should work with the attorneys at Gimbel, Reilly, Guerin & Brown, LLP to review your contract. Your lawyer can provide an understanding of the terms of the contract and address any legal issues that may arise when making a claim. 

Your attorney can then help prepare and send the written notice to the subcontractor. Upon receiving a response from the subcontractor, your lawyer can explain the available options for negotiating a settlement. In some cases, mediation may be used, and a neutral, third-party mediator can facilitate discussions and help you reach a settlement.

If an acceptable settlement cannot be reached, the matter will proceed to litigation. In these cases, we can provide representation in the courtroom and demonstrate why you should be compensated for construction defects.

Contact a Milwaukee, Wisconsin Civil Litigation Attorney 

If you have any questions regarding a dispute with a subcontractor, Gimbel, Reilly, Guerin & Brown, LLP can review your case and help you understand your legal options. Our Milwaukee construction litigation lawyers can provide the representation you need, and we can also provide mediation services to help you settle your disputes. Call our office at 414-271-1440 today to arrange a consultation.