893.89 Annotation
The warranty specified in sub. (4) (b) is an express warranty; this means an implied warranty is not enough. City officials, such as employees and individual members of the common council, cannot, through representations that problems will be solved, bind the city to resolve those problems unless they act or make their representations with the authority to bind the city. Hocking v. City of Dodgeville,
2010 WI 59,
326 Wis. 2d 155,
785 N.W.2d 398,
08-2812.
893.89 Annotation
When an improvement to real property creates a nuisance, a party has 10 years from the substantial completion of that improvement to bring suit. Sub. (4) (c) applies when an improvement to real property is completed, but the owner or occupier is negligent in the maintenance, operation, or inspection of it, thus causing damage. It does not apply to proper maintenance of an improvement when it is the improvement itself that causes injury. Hocking v. City of Dodgeville,
2010 WI 59,
326 Wis. 2d 155,
785 N.W.2d 398,
08-2812.
893.89 Annotation
An easement agreement that expressly stated that the defendant sewer district agreed to construct and maintain an intercepting sewer in good order and condition and to indemnify and save harmless the plaintiff from all loss or injury to its property and persons due to such construction was an express warranty under
Hocking. Cianciola, LLP v. Milwaukee Metropolitan Sewerage District,
2011 WI App 35,
331 Wis. 2d 740,
796 N.W.2d 806,
10-0087.
893.89 Annotation
This section provides that persons involved in improvements to real property may not be sued more than ten years after substantial completion of a project. The statute does not extend the time for bringing lawsuits that are otherwise time-barred by statutes of limitations. This section is a catch-all provision that imposes a time limit on many lawsuits relating to property improvements that are not otherwise time-barred within ten years after substantial completion. If a cause of action is time-barred by a statute of limitations before it would be barred under this section, that statute of limitations applies. Kalahari Development, LLC v. Iconica, Inc.
2012 WI App 34,
340 Wis. 2d 454,
811 N.W.2d 825,
11-0643.
893.89 Annotation
This section applies to claims against subsequent owners who were not involved in the actual improvement to the property. Expanding the class of claims exempt from the statute of repose under sub. (4) (c) to include not only unsafe conditions, but also structural defects of which an owner has notice would effectively swallow the rule because every improvement that is negligently designed could be considered an ongoing nuisance that the owner or operator negligently maintains by failing to correct. Crisanto v. Heritage Relocation Services, Inc.
2014 WI App 75,
355 Wis. 2d 403,
851 N.W.2d 771,
13-1369.
893.89 Annotation
The purpose of this section is to protect contractors who are involved in permanent improvements to real property. Daily repairs are not improvements to real property as that phrase is used in this section. Peter v. Sprinkmann Sons Corporation,
2015 WI App 17,
360 Wis. 2d 411,
860 N.W.2d 308,
14-0923.
893.89 Annotation
Although the accident in this case occurred well after the 10-year exposure period had expired, there was sufficient evidence in the record to support the trial court's findings that the defendant concealed and misrepresented changes in construction, thus triggering the fraud exception to the statute of repose. Wosinski v. Advance Cast Stone Co.
2017 WI App 51,
377 Wis. 2d 596,
901 N.W.2d 797,
14-1961.
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 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]
893.92 Annotation
A claim for contribution accrues when payment is made. Milwaukee Mutual Insurance Co. v. Priewe,
118 Wis. 2d 318,
348 N.W.2d 585 (Ct. App. 1984).
893.92 Annotation
An insurer's claim for equitable subrogation based on the allegation that another insurer breached its duty to defend the insured of both insurers is not a tort claim for contribution subject to the one-year statute of limitations under this section. Rather, the 6-year statute of limitations under s. 893.43 [now s. 893.43 (1)] applies. Steadfast Insurance Company v. Greenwich Insurance Company,
2018 WI App 11,
380 Wis. 2d 184,
908 N.W.2d 502,
16-1631.
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 safety and professional services 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);
2011 a. 32.
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)(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(1m)
(1m) The following actions shall be commenced within 3 years after the cause of action accrues or be barred:
893.93(1m)(a)
(a) An action upon a liability created by statute when a different limitation is not prescribed by law.
893.93(1m)(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(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 statute 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
Claims for injury caused by an Archdiocese's alleged fraudulent misrepresentation that the Archdiocese did not know that priests it assigned had histories of sexually abusing children and did not know the priests were dangerous to children were independent claims based on the Archdiocese's alleged knowledge of the priests' prior sexual molestation of children and the Archdiocese's intent to deceive children and their families and not derivative of the underlying sexual molestations by the priests. The date of the accrual of the fraud claims was when the plaintiffs discovered or, in the exercise of reasonable diligence, should have discovered that the Archdiocese's alleged fraud was a cause of their injuries. John Doe v. Archdiocese of Milwaukee,
2007 WI 95,
303 Wis. 2d 34,
734 N.W.2d 827,
05-1945.
893.93 Annotation
It is not necessary that a defrauded party have knowledge of the ultimate fact of fraud. What is required is that it be in possession of such essential facts as will, if diligently investigated, disclose the fraud. The burden of diligent inquiry is upon the defrauded party as soon as he or she has such information as indicates where the facts constituting the fraud can be discovered. John Doe v. Archdiocese of Milwaukee,
2007 WI 95,
303 Wis. 2d 34,
734 N.W.2d 827,
05-1945.
893.93 Annotation
The 6-year limitations period found in sub. (1) (a) applies to actions under the Uniform Fiduciaries Act, s. 112.01. Willowglen Academy-Wisconsin, Inc. v. Connelly Interiors, Inc.
2008 WI App 35,
307 Wis. 2d 776,
746 N.W.2d 570,
07-1178.
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 s. 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).
893.93 Annotation
Discovery occurs when the plaintiff has information that would constitute the basis for an objective belief as to his or her injury and its cause. The degree of certainty that constitutes sufficient knowledge is variable, depending on the particular facts and circumstances of the plaintiff. With corporate players, a different quantum of expertise and knowledge is in play. Wisconsin courts have recognized that ignorance is a less compelling excuse for corporate enterprises in the context of the discovery rule. KDC Foods, Inc. v. Gray, Plant, Mooty, Mooty & Bennett, P.A., et al.,
763 F.3d 743 (2014).
893.93 Annotation
At a minimum, actions for contractual rescission based on negligent or strict responsibility misrepresentation sound in contract, not tort, at least under Wisconsin law; and are not actions “on the ground of fraud" under sub. (1) (b). If all misrepresentations — intentional, negligent, and strict responsibility — were “fraudulent," there would be no need for the second category of “material" misrepresentations. CMFG Life Insurance Co. v. UBS Securities,
30 F. Supp. 3d 822 (2014).
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.
893.965 History
History: 2015 a. 345.
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:
Bank deposits and collections
s.
404.111
Bridge, lien for damages related to
s.
31.26
Business closing notification, claims and actions
s.
109.07 (4)
Child, rehearing on status
s.
48.46
Construction lien, bond, notice
s.
779.036
Construction lien, notice
s.
779.02
Construction lien, notice and claim
s.
779.06
Consumer transactions, customer remedies
s.
425.307
