Legal Question in Real Estate Law in Wisconsin

I bought a new constructed house from a contractor. Within 5 years, the roof has come apart. It was found the contractor did not install the shingles correctly. He fixed the back and left the front. Sure enough the front came apart and now he says that it was not his fault. Can I sue the contractor in tort? Can he throw the economic loss doctorine at me and bar me from sueing? Is a real estate transaction a seperate case and won't be blocked by the economic loss doctrine? I feel that it is neglegence on the contractor's part. Thank you for your input in advance.


Asked on 12/13/11, 8:31 am

1 Answer from Attorneys
Thomas Schober Schober Schober & Mitchell, S.C.

You have several issues to deal with: first, there are statute of limitations issues. While they differ for contract than for torts, the information relating to your claim needs to be reviewed in that light to determine which, if any, of these theories may still provide redress. Second, Wisconsin's fairly recently enacted home improvement code may apply, requiring certain actions on your part in order to protect your claim.

Based on the above, I'd suggest you see at least a couple of attorneys and get their opinions and fees. Usually you can get the first half hour free, if you ask.

Good luck in resolving your matter.

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Answered on 12/13/11, 10:11 am


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