ATCP 110.023 Note Note: According to s. 137.15 (3), Stats., “If a law requires a record to be in writing, an electronic record satisfies that requirement in that law.”

ATCP 110.023(2) (2) Verbal authorization. The seller may act on alterations to the contract that are verbally authorized by the buyer, if all the following conditions are met:

ATCP 110.023(2)(a) (a) The alteration does not represent any additional cost to the buyer.

ATCP 110.023(2)(b) (b) The alteration does not represent a decrease in the value of the materials used or the services provided.

ATCP 110.023(2)(c) (c) The seller maintains documentation of the following:

ATCP 110.023(2)(c)1. 1. The manner in which the buyer communicated the authorization for the alteration. In this subdivision, “manner” means face-to-face discussion, phone call, or some other method of communicating.

ATCP 110.023(2)(c)2. 2. The name of the buyer who authorized the alteration.

ATCP 110.023(2)(c)3. 3. The date and time that the buyer authorized the alteration.

ATCP 110.023(2)(c)4. 4. A description of the alteration.

ATCP 110.023(2)(d) (d) The seller must report any alterations documented pursuant to par. (c) to the buyer before final payment is accepted.

ATCP 110.023 History History: CR 13-066: cr. Register March 2014 No. 699, eff. 6-1-14; corrections in (2) (c) 1. and (d) made under s. 13.92 (4) (b) 7., Stats., correction in (1) made under s. 35.17, Stats., Register March 2014 No. 699.

ATCP 110.025 ATCP 110.025 Lien waivers.

ATCP 110.025(1) (1) A seller shall provide notice to buyer that buyer may request written lien waivers from all contractors, subcontractors, and material suppliers at, or prior to, the time any payment is made on the home improvement contract. Notice shall be provided before the buyer and seller enter into a home improvement contract. The notice shall meet the following requirements:

ATCP 110.025(1)(a) (a) The notice shall be in writing and consist of the following, verbatim statement:

Notice of Consumer’s Right to Receive Lien Waivers

If a consumer requests lien waivers, a seller of home improvement services must provide lien waivers from all contractors, subcontractors, and material suppliers. This Wisconsin law protects consumers from having liens filed against their property. Lien waivers prevent the filing of a lien on your home in the event that a contractor does not pay suppliers or subcontractors.

For more information about home improvement law, contact the Wisconsin Consumer Protection Bureau at 1-800-422-7128 or www.datcp.wi.gov.

ATCP 110.025(1)(b) (b) The notice shall be provided as a separate document, written in a clear and conspicuous font, in a format that the buyer can retain.

ATCP 110.025(1)(c) (c) The seller shall retain evidence of the buyer’s acknowledgement of receipt of the notice.

ATCP 110.025(2) (2) Upon request from the buyer, the seller shall provide the buyer with lien waivers in writing from all contractors, subcontractors, and material suppliers for the proportionate value of all labor, services, and products or materials furnished or delivered as of the time payment is made. Unless the buyer specifies that the lien waiver request applies only to the final payment, the seller shall provide lien waivers at the time any partial payments are made.

ATCP 110.025 History History: CR 13-066: cr. Register March 2014 No. 699, eff. 6-1-14; correction in (1) (intro.) made under s. 35.17, Stats., Register March 2014 No. 699.

ATCP 110.027 ATCP 110.027 Delay in contract performance.

ATCP 110.027(1) (1) A seller must give the buyer timely notice of any impending delay in the home improvement contract performance if performance will be delayed beyond a deadline specified in the home improvement contract. The notice shall specify any reasons for the delay and shall specify new proposed deadlines by which the seller will begin and complete the work. If a written home improvement contract is required under s. ATCP 110.05 (1) or the buyer signs a written contract, no change in performance deadlines is effective unless the buyer agrees in writing to the change.

ATCP 110.027 Note Note: According to s. 137.15 (3), Stats., “If a law requires a record to be in writing, an electronic record satisfies that requirement in that law.”

ATCP 110.027(2) (2) Notwithstanding sub. (1), a seller shall not be responsible for delays in contract performance if the seller can demonstrate any of the following:

ATCP 110.027(2)(a) (a) The delay was caused by actions or inactions of the buyer.

ATCP 110.027(2)(b) (b) The delay was caused by a destructive act of nature such as tornado, flood, or fire.

ATCP 110.027(2)(c) (c) The delay was caused by disruptive civil disorder such as a strike, hostile action, or war.

ATCP 110.027 History History: CR 13-066: cr. Register March 2014 No. 699, eff. 6-1-14.