BREACH OF CONTRACT CLAIM BARRED BY STATUTE OF LIMITATIONS
A corporation that paid more than 26 million dollars for the construction of a resort in the Wisconsin Dells was too late in filing a claim against the construction company alleging defective designs which caused significant water damage.
Almost ten years after the work was completed, the corporation that wanted to bring contract claim against the construction company was barred from bringing the claims due to the statute of limitations.
Under Wis. Stat. sec. 893.89, a person involved in the improvement of real estate can’t be sued after 10 years from the date of substantial completion of the project. However, the Wisconsin Court of Appeals found that the limitation period for a breach of contract claim is shorter. When the action is one for a breach of contract claim, the statute provides that the time limit applicable for contract action applies, which is 6 years. The corporation’s claim could not be heard by the Court because it had been more than six years since the alleged breach occurred. As a result the corporation will likely be unable to recoup any amount of the claimed 26 million of damages against the construction company because the statute of limitations expired.
If your claim is past the statute of limitations, you will be unable to recover the damages that you suffered. Do not let that happen. Contact our attorneys at Green Bay, Wisconsin’s Wanezek & Jaekels law firm if you have a claim against someone for injuries that you have suffered.