September 09, 2010
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Penalties for using an illegal construction contract in Wisconsin:
  • Wisconsin Statutes § 423.203(4) makes omission of the 3-day notice of cancellation a violation of Wisconsin Statutes § 425.304 (1). The penalty is twice the amount of any finance charge up to $1,000 plus actual damages, including any incidental and consequential damages.
  • Doing home improvement or repair work without a contract is punishable by a fine of not less than $25 and not more than $5,000 and up to a year in jail (Wisconsin Statutes § 100.26-3). Violation also gives an owner or tenant the right to recover twice the amount of any loss plus reasonable attorney fees (Wisconsin Statutes § 100.20-5)
  • Wisconsin Statutes § 779.135(2) voids any clause in a construction contract which would make work in Wisconsin subject to the laws of another state.
  • Any attempt to make payment of a subcontractor or supplier contingent on receipt of payment by the owner is void under Wisconsin Statutes § 779.135(c).
  • Omission of the lien notice required by Wisconsin Statutes § 779.02 forfeits the prime contractor's lien rights unless the conditions in § 779.02(2)(c) are met.
  • Wisconsin Statutes § 779.135(1) voids any clause in a construction contract which requires waiver of lien rights.
  • Omitting the notice required by Wisconsin Administrative Code ATCP § 111.03 (basements) gives the owner the right to recover twice the amount of any loss plus attorney fees. Wisconsin Statutes § 100.20.
  • Omission of federal truth in lending disclosures required by 15 United States Code § 1638 makes the creditor liable for both the overcharge and the debtor's attorney fees.
  • Omission of disclosures required by 12 Code of Federal Regulations § 226.15 extends the right of rescission to three years (rather than three days).
  • Omission of insulation disclosures required by 16 Code of Federal Regulation § 460 can result in an $11,000 fine.
The contracts linked below will help Wisconsin contractors avoid these penalties by complying with state and federal law.
The contracts linked below also comply with current Wisconsin and federal court decisions.

Wisconsin Construction Contracts Available Now
Title Bias Contract Type Page Length
WI Commercial Construction I Light bias in favor of the contractor. Prime 31
WI Commercial Construction II Light bias in favor of the owner. Prime 12
WI Commercial Repair Neutral. Prime 16
WI Commercial Subcontract I Light bias in favor of the subcontractor. Subcontract 27
WI Commercial Subcontract II Light bias in favor of the contractor. Subcontract 13
WI Custom Home I Light bias in favor of the contractor. Prime 24
WI Custom Home II Light bias in favor of the owner. Prime 30
WI Home Improvement I Moderate bias in favor of the contractor. Prime 29
WI Home Improvement II Moderately favors the owner. Prime 31
WI Home Repair I Heavy bias in favor of the contractor. Prime 9
WI Home Repair II Heavy bias in favor of the owner. Prime 17
WI Pool Neutral. Prime 24
WI Public Works Subcontract Moderate bias in favor of the contractor. Subcontract 31
WI Residential Subcontract I Light bias in favor of the subcontractor. Subcontract 11
WI Residential Subcontract II Light bias in favor of the contractor. Subcontract 18
WI Tenant Improvement Neutral. Prime 12
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