Wisconsin · Construction-defect rights
Here is what you have, and here is how to keep it.
Wisconsin gives an absolute 7-year deadline (the "exposure period") from substantial completion; after that, defect suits are barred regardless of discovery. If damage first appears in years 5-7 you get 3 extra years from when it occurred. The bar does not protect a builder who committed fraud, concealment or misrepresentation. Before suing you must serve written notice on the contractor at least 90 working days ahead under § 895.07.
What you have
The deadline does not protect a builder who concealed the problem.
In Wisconsin, a claim of fraud, concealment or serious misconduct is not cut off by the ordinary construction deadline (Wis. Stat. § 893.89(4)(a)).
Past the deadline for a defect? A contract claim may still be alive.
The construction deadline here bars tort claims — but repose does not protect a person who expressly warrants or guarantees the improvement, for that period (Wis. Stat. § 893.89(4)(b))Someone told “you’re past the deadline” may still have a live contract or warranty claim, and typically no one volunteers that.
If the builder or developer still controls the property, the deadline isn’t theirs to raise.
The exception most homeowners would never think to ask about: repose does not protect an owner/occupier for negligence in the maintenance, operation or inspection of the improvement (Wis. Stat. § 893.89(4)(c)) It matters most where a builder still controls part of a project — a phased subdivision, an unfinished condo association.
THE DEADLINE DOES NOT PROTECT FRAUD OR CONCEALMENT. Wisconsin's exposure period is seven years from substantial completion — recently shortened from ten (Wis. Stat. § 893.89) — but it does not apply to a builder who committed fraud, concealment or misrepresentation (§ 893.89(4)(a)). Damage in years five to seven buys three more years, and a written warranty can extend it. Before you sue, Wisconsin requires written notice to the contractor at least 90 working days ahead, describing the defect and your evidence (§ 895.07).
The deadline
7 years to bring a construction-defect claim
Wis. Stat. § 893.89(1)-(2)
7 years from substantial completion — the "exposure period" (Wis. Stat. § 893.89(1)-(2)); SHORTENED FROM 10 by 2017 Wis. Act 235, so older summaries saying 10 are stale. FRAUD CARVE-OUT: the section does not apply to a person who "commits fraud, concealment or misrepresentation related to a deficiency or defect in the improvement" (§ 893.89(4)(a)). If damage occurs in years 5-7, the time to sue extends 3 years from when the damage occurred (§ 893.89(3)(b)). Express warranties (§ 893.89(4)(b)) and an owner/occupier's own maintenance/operation negligence (§ 893.89(4)(c)) are excepted. A § 895.07 right-to-cure process is required before suit.
“In this section, "exposure period" means the 7 years immediately following the date of substantial completion of the improvement to real property.”
Before you sue: Wisconsin requires written notice to the contractor at least 90 working days before you sue, describing the defect and your evidence. A suit filed without it can be stayed or dismissed without prejudice. (Wis. Stat. § 895.07(2), (3))
What to do now
Write it down the day you notice it. Photograph it with something for scale. Note the date, the room, and what you saw. If it gets worse, photograph it again - a sequence is far stronger than one picture. Keep every message with the builder. You are not starting a fight; you are keeping the option open. Wisconsin requires written notice to the builder before you sue: see "Before you sue" on this page for the exact rule. Describe each defect in reasonable detail; a record made at the time is what most people are missing later.
The same defect, a different answer next door
The construction-defect deadline is a state-by-state accident of geography. The identical crack in the identical house can be dead in one state and live in another.