LRB-4322/1
MDK:eev:jf
2013 - 2014 LEGISLATURE
March 7, 2014 - Introduced by
Law Revision Committee. Referred to Committee on
Judiciary.
AB851,1,3
1An Act to amend 100.65 (3) (b) of the statutes;
relating to: form required for
2certain residential repair or construction contracts (suggested as remedial
3legislation by the Legislative Reference Bureau).
Analysis by the Legislative Reference Bureau
Current law allows consumers to cancel certain contracts for repairs or
construction of one-family or two-family dwellings under specified circumstances.
If work under the contract is to be paid under a property insurance policy and the
insurer wholly or partially denies the consumer's claim, current law allows the
consumer to cancel the contract if he or she provides a cancellation notice to the
contractor before a specified deadline. Subject to an exception that applies if the
contractor has performed emergency services, current law requires the contractor to
return to the consumer any payments and other items within 10 days after receiving
the cancellation notice. However, current law also requires the contractor to provide
the consumer with a form before entering into the contract, and that form includes
a statement that the contractor must return payments within 10 business days,
rather than 10 days, after receiving a cancellation notice. This bill revises the form
so that it refers to 10 days instead of 10 business days.
For further information, see the Note provided by the Law Revision Committee
of the Joint Legislative Council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Legislative Reference Bureau and introduced by the Law
Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful consideration of
the various provisions of the bill, the Law Revision Committee has determined that this
bill makes minor substantive changes in the statutes, and that these changes are
desirable as a matter of public policy.
AB851,2,53
100.65
(3) (b) Furnish the consumer a completed form in duplicate that is
4attached to the contract, is easily detachable, and contains, in boldface type of a
5minimum size of 10 point, the following statement:
AB851,2,66
NOTICE OF CANCELLATION
AB851,2,157
If you are notified by your insurer that the claim under the property insurance
8policy has been denied in whole or in part, you may cancel the contract by personal
9delivery or by mailing by 1st class mail a signed and dated copy of this cancellation
10notice or other written notice to (name of contractor) at (contractor's business
11address) at any time before midnight on the third business day after you have
12received the notice from your insurer. If you cancel the contract, any payments made
13by you under the contract, except for certain emergency work already performed by
14the contractor, will be returned to you within 10
business days following receipt by
15the contractor of your cancellation notice.
AB851,2,1616
I CANCEL THIS CONTRACT
AB851,2,1818
Customer's signature ....
Note: Corrects the form so that it is consistent with s. 100.65 (6), which requires
the return to be made within 10 days.
