893.89(3)(b)
(b) If, as the result of a deficiency or defect in an improvement to real property, a person sustains damages during the period beginning on the first day of the 8th year and ending on the last day of the 10th year after the substantial completion of the improvement to real property, the time for commencing the action for the damages is extended for 3 years after the date on which the damages occurred.
893.89(3)(c)
(c) An action for contribution is not barred due to the accrual of the cause of action for contribution beyond the end of the exposure period if the underlying action that the contribution action is based on is extended under
par. (b).
893.89(4)
(4) This section does not apply to any of the following:
893.89(4)(a)
(a) A person who commits fraud, concealment or misrepresentation related to a deficiency or defect in the improvement to real property.
893.89(4)(b)
(b) A person who expressly warrants or guarantees the improvement to real property, for the period of that warranty or guarantee.
893.89(4)(c)
(c) An owner or occupier of real property for damages resulting from negligence in the maintenance, operation or inspection of an improvement to real property.
893.89(4)(d)
(d) Damages that were sustained before April 29, 1994.
893.89(5)
(5) Except as provided in
sub. (4), this section applies to improvements to real property substantially completed before, on or after April 29, 1994.
893.89(6)
(6) This section does not affect the rights of any person under
ch. 102.
893.89 Annotation
Bleachers at a high school football stadium qualified as an improvement to real property because they were a permanent addition to real property that enhanced its capital value, involved the expenditure of labor and money, and were designed to make the property more useful or valuable. That an improvement can be removed without harming the real property will not necessarily indicate that the item is not an improvement to real property. The more pertinent inquiry is whether the item can be readily dissembled and moved. Kohn v. Darlington Community Schools, 2005 WI 99,
283 Wis. 2d 1,
698 N.W.2d 794,
03-1067.
893.89 Annotation
This section does not violate Article I, Section 9, the right to remedy clause of the Wisconsin Constitution nor the guarantees of equal protection in the federal and state constitutions. Kohn v. Darlington Community Schools, 2005 WI 99,
283 Wis. 2d 1,
698 N.W.2d 794,
03-1067.
893.89 Annotation
This section bars safe place claims under s. 101.11 resulting from injuries caused by structural defects, 10 years after a structure is substantially completed, as opposed to safe place claims resulting from injuries caused by unsafe conditions associated with the structure. Mair v. Trollhaugen Ski Resort, 2006 WI 61, ___ Wis. 2d ___,
715 N.W.2d 598,
04-1252.
893.90
893.90
Bond; campaign financing; lobbying. 893.90(1)
(1) An action by the state or any of its departments or agencies or by any county, town, village, city, school district, technical college district or other municipal unit to recover any sum of money by reason of the breach of an official bond or the breach of a bond of any nature, whether required by law or not, given by a public officer or any agent or employee of a governmental unit shall be commenced within 3 years after the governmental unit receives knowledge of the fact that a default has occurred in some of the conditions of the bond and that it was damaged because of the default or be barred.
893.90(2)
(2) Any civil action arising under
ch. 11,
subch. III of ch. 13 or
subch. II of ch. 19 shall be commenced within 3 years after the cause of action accrues or be barred.
893.90 Note
Judicial Council Committee's Note, 1979: This section is previous ss. 893.20 and 893.205 (3) renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.91
893.91
Action for expenses related to a forest fire. An action by a state or town under
s. 26.14 (9) (b) to recover expenses incurred in the suppression of a forest fire shall be commenced within 2 years of the setting of the fire or be barred.
893.91 History
History: 1979 c. 323.
893.91 Note
Judicial Council Committee's Note, 1979: This section has been created to place into ch. 893 the statute of limitation for an action to recover expenses related to fighting a forest fire. See the note following s. 26.14 (9) (b). [Bill 326-A]
893.92
893.92
Action for contribution. An action for contribution based on tort, if the right of contribution does not arise out of a prior judgment allocating the comparative negligence between the parties, shall be commenced within one year after the cause of action accrues or be barred.
893.92 History
History: 1979 c. 323.
893.92 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.22 (4) renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.925
893.925
Action for certain damages related to mining. 893.925(1)(1) A claim against the mining damage appropriation under
s. 107.31 to recover damages for mining-related injuries shall be brought within 3 years of the date on which the death occurs or the injury was or should have been known.
893.925(2)(a)(a) An action to recover damages for mining-related injuries under
s. 107.32 shall be brought within 3 years of the date on which the death or injury occurs unless the department of commerce gives written notice within the time specified in this subsection that a claim has been filed with it under
sub. (1), in which case an action based on the claim may be brought against the person to whom the notice is given within one year after the final resolution, including any appeal, of the claim or within the time specified in this subsection, whichever is longer.
893.925(2)(b)
(b) In this subsection "date of injury" means the date on which the evidence of injury, resulting from the act upon which the action is based, is sufficient to alert the injured party to the possibility of the injury. The injury need not be of such magnitude as to identify the causal factor.
893.925 History
History: 1979 c. 353 s.
7; Stats. 1979 s. 893.207;
1979 c. 355 s.
227; Stats. 1979 s. 893.925;
1995 a. 27 ss.
7214,
9116 (5).
893.93
893.93
Miscellaneous actions. 893.93(1)
(1) The following actions shall be commenced within 6 years after the cause of action accrues or be barred:
893.93(1)(a)
(a) An action upon a liability created by statute when a different limitation is not prescribed by law.
893.93(1)(b)
(b) An action for relief on the ground of fraud. The cause of action in such case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud.
893.93(1)(c)
(c) An action upon a claim, whether arising on contract or otherwise, against a decedent or against a decedent's estate, unless probate of the estate in this state is commenced within 6 years after the decedent's death.
893.93(2)
(2) The following actions shall be commenced within 2 years after the cause of action accrues or be barred:
893.93(2)(a)
(a) An action by a private party upon a statute penalty, or forfeiture when the action is given to the party prosecuting therefor and the state, except when the statute imposing it provides a different limitation.
893.93(2)(b)
(b) An action to recover a forfeiture or penalty imposed by any bylaw, ordinance or regulation of any town, county, city or village or of any corporation or limited liability company organized under the laws of this state, when no other limitation is prescribed by law.
893.93(3)
(3) The following actions shall be commenced within one year after the cause of action accrues or be barred:
893.93(3)(a)
(a) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.
893.93(4)
(4) An action by a drainage board for damages under
s. 88.92 (2) shall be commenced within 3 years after the drainage board discovers the fact, or with the exercise of reasonable diligence should have discovered the fact of the damage, whichever comes first, or be barred.
893.93 Note
Judicial Council Committee's Note, 1979: This section has been created to place in one location within restructured ch. 893 various miscellaneous statutes of limitation for easier reference and use. Sub. (1) (a) is previous s. 893.19 (4). Sub. (1) (b) is previous s. 893.19 (7). Sub. (1) (c) is previous s. 893.19 (9). Sub. (1) (d) is previous s. 893.19 (10). Sub. (2) (a) is previous s. 893.21 (1) with a comma placed after the word "penalty" in order to have the section accurately reflect the decision in Grengs v. 20th Century Fox Film Corporation,
232 F.2d 325 (1956). Sub. (2) (b) is previous s. 893.21 (4). Sub. (3) (a) is previous s. 893.22 (1). Sub. (3) (b) is previous s. 893.22 (3). [Bill 326-A]
893.93 Annotation
If the complaint does not allege the requisite elements for a cause of action based on fraud, s. 893.19 (7) [now s. 893.93 (1) (b)] does not apply. Estate of Demos,
50 Wis. 2d 262,
184 N.W.2d 117.
893.93 Annotation
A complaint alleging employment discrimination on the basis of sex and seeking back-pay damages is an action upon a liability created by statute, and in the absence of any other applicable limitation, the 6-year limitation of s. 893.19 (4) [now s. 893.93 (1) (a)] applies. Yanta v. Montgomery Ward & Co., Inc.
66 Wis. 2d 53,
224 N.W.2d 389 (1974).
893.93 Annotation
When unreasonable delay in bringing suit prejudices the defendant because of the death of a key witness, laches will bar suit even if the s. 893.19 (7) [now s. 893.93 (1) (b)] statute of limitations does not. Schafer v. Wegner,
78 Wis. 2d 127,
254 N.W.2d 193.
893.93 Annotation
Complaints under the open meetings law are not brought in the individual capacity of the plaintiff but on behalf of the state, subject to the 2-year statue of limitations under sub. (2). Leung v. City of Lake Geneva, 2003 WI App 129,
265 Wis. 2d 674,
666 N.W.2d 104,
02-2747.
893.93 Annotation
Sub. (1) (a) does not apply to a professional disciplinary proceeding, the focus of which is to monitor and supervise the performance of a person who has been granted the privilege of a license in this state. Krahenbuhl v. Wisconsin Dentistry Examining Board, 2004 WI App 147,
275 Wis. 2d 626,
685 N.W.2d 591,
03-2864.
893.93 Annotation
The limitation period under sub. (1) (b) was tolled when the victim had "sufficient knowledge to make a reasonable person aware of the need for diligent investigation." Stockman v. La Croix,
790 F.2d 584 (1986).
893.93 Annotation
A cause of action under sub. (1) (b) accrues on the discovery of the fraud. Discovery occurs when the party has knowledge that would cause a reasonable person to make sufficient inquiry to discover the fraud. Owen v. Wangerin,
985 F.2d 312 (1993).
893.93 Annotation
Section 551.59 (5) applies to actions arising out of sales of securities under SEC rules, rather than s. 893.19 (7) [now 893.93 (1) (b)]. Kramer v. Loewi & Co., Inc.
357 F. Supp. 83 (1973).
893.93 Annotation
Section s. 893.21 (1) [now s. 893.93 (2) (a)] did not control an action by the EEOC charging discrimination in employment when the statute limited only acts brought by a "private party" and the EEOC is a federal agency enforcing public policy. Equal Employment Opportunity Comm. v. Laacke & Joys Co.
375 F. Supp. 852 (1974).
893.93 Annotation
Section 893.19 (4), 1977 stats. [now s. 893.93 (1) (a)] governs civil rights actions. Minor v. Lakeview Hospital,
421 F. Supp. 485 (1976).
893.93 Annotation
Section 893.19 (4) [now s. 893.93 (1) (a)] governed an action under federal law against an oil refiner for compensatory damages for alleged overcharges. Section 893.21 (1) [now s. 893.93 (2) (a)] governed an action for treble damages. U. S. Oil Co., Inc. v. Koch Refining Co.
497 F. Supp. 1125 (1980).
893.93 Annotation
The defendant in a civil rights action was estopped from pleading the statute of limitations when its own fraudulent conduct prevented the plaintiff from timely filing suit. Bell v. City of Milwaukee,
498 F. Supp. 1339 (1980).
893.94
893.94
Organized crime control; civil remedies. Any civil action arising under
ss. 946.80 to
946.88 is subject to the limitations under
s. 946.88 (1).
893.94 History
History: 1981 c. 280;
1989 a. 121.
893.95
893.95
Unclaimed property; civil remedies. Any civil action to enforce
ch. 177 is subject to the limitations under
s. 177.29 (2).
893.95 History
History: 1983 a. 408.
893.96 History
History: 1987 a. 287.
893.97 History
History: 1989 a. 44.
893.98 History
History: 1997 a. 237.
893.99 History
History: 2005 a. 197.
893.99 Note
NOTE: Statutes not contained in this chapter that relate to or impose time restrictions on asserting a claim or a cause of action include, but are not limited to, the following:
Annulment of marriage767.313
Anti-trust violations 133.18 (2)
Bank deposits and collections404.111
Bank liquidation, claim220.08 (5)
Beverage tax, recovery139.092
Bridge, lien for damages related to31.26
Bulk transfer, creditor action406.111
Business closing notification, claims and actions109.07 (4)
Child, rehearing on status48.46
Construction lien, bond, notice 779.036
Construction lien, notice 779.02
Construction lien, notice and claim779.06
Consumer transactions, customer remedies425.307
Contract for sale, breach 402.725
Cooperatives, articles of amendment, contesting validity185.53 (4)
Cooperatives, dissolution, effect on remedy 185.76
Cooperatives, dissolution, unlawful distributions 185.71 (6)
