Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 110 - Home Improvement Practices
Section ATCP 110.027 - Delay in contract performance

Universal Citation: WI Admin Code ยง ATCP 110.027

Current through August 26, 2024

(1) A seller must give the buyer timely notice of any impending delay in the home improvement contract performance if performance will be delayed beyond a deadline specified in the home improvement contract. The notice shall specify any reasons for the delay and shall specify new proposed deadlines by which the seller will begin and complete the work. If a written home improvement contract is required under s. ATCP 110.05(1) or the buyer signs a written contract, no change in performance deadlines is effective unless the buyer agrees in writing to the change.

Note: According to s. 137.15(3), Stats., "If a law requires a record to be in writing, an electronic record satisfies that requirement in that law."

(2) Notwithstanding sub. (1), a seller shall not be responsible for delays in contract performance if the seller can demonstrate any of the following:

(a) The delay was caused by actions or inactions of the buyer.

(b) The delay was caused by a destructive act of nature such as tornado, flood, or fire.

(c) The delay was caused by disruptive civil disorder such as a strike, hostile action, or war.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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