Construction Law: Understanding Wisconsin’s Right to Cure Act
Construction Practices Have Changed Over the Years Residential construction has changed a lot since the mid–19th century when Milwaukee earned the nickname “Cream City,” a reference not to milk products, but to the large number of cream colored bricks that were produced out of the Menomonee River Valley. Often as not, framing was with heavy,…
Federal “Defend Trade Secrets Act” Set to Become Law
On April 27, 2016, by a vote of 410-2, the U.S. House of Representatives passed the Defend Trade Secrets Act of 2016 (DTSA). The DTSA, originally sponsored by U.S. Senators Chris Coons (D-DE) and Orrin Hatch (R-UT), was passed unanimously (87–0) by the Senate in early April 2016. Prior to passage by the House, the…
Five Common Misconceptions About “the Public Domain”
In terms of complexity, copyright law ranks near the “top of the heap,” both domestically and internationally. That complexity is deepened by members of the public who often assume that they understand the meaning of certain core copyright terms, when in fact, they does not. Take the term “public domain.” Everyone knows what that means,…
Wisconsin Noncompete Agreements: Special Considerations
A core principle of American society is that, within reason, employers and employees are permitted to contract freely with each other concerning the employment relationship. While the law places some restrictions on the employment contract – e.g., the employer may not pay less than the statutory minimum wage and may not require that the workday…
Class Actions Filed Against German Car Manufacturers Over Emissions
Decision Shows Frailty of Oral Agreements A recent per curiam decision by the Court of Appeals of Wisconsin (District Four) shows that commercial enterprises should, wherever possible, avoid oral agreements with individuals since, among other things, oral testimony as to the creation of the agreement can barred if the opposing party dies while the case…
WI Law Requires Disclosures “Defects” for Residential Real Estate Sale
Since 1992, Wisconsin law [Wis. Stat. Chapter 709] has generally required residential property owners to disclose “defects” in the property prior to any transfer or sale. The disclosure is made in the form of a written report supplied to the prospective buyer within 10 days of the buyer’s acceptance of the sales contract. While the…
The High Cost of Roofing Defects
While a strong, stable foundation is crucial to the integrity of any building, the roofing system is also of paramount importance. With significant increases seen during the past few years in Wisconsin construction prices, some roofing contractors have been tempted to cut a few corners. The results can be costly for owners and lessees. Defects…
Negligent Misrepresentation by a CPA
It goes without saying that, when a business operation hires a CPA to provide professional services, the accountant owes a duty of care to the client and can be held liable to the client if the services are negligently rendered. But does the CPA owe a duty of care to others who are not the…
“As-Is” Real Estate Sale May Not Protect Misrepresentation Claim
Deceptive Sales Practices Wisconsin’s primary misrepresentation statute, Wis. Stat. § 100.18(1) prohibits companies and individuals from making misrepresentations in the sale of homes, products, and services. To recover under the statute, a person or firm must generally show three things: That the company or individual made a misrepresentation to the public with the intent of…