By: Attorney Jaclyn Kallie

The winters in Wisconsin can be brutal. Extremely cold temperatures and major storms involving snow, ice, and strong winds can affect people’s lives in multiple ways, and these issues can also have an impact on construction projects. In cases where winter weather resulted in delays or other issues that caused one or more parties to experience financial losses, construction litigation may be necessary. For those who are looking to recover losses or who need to defend against claims related to cold weather, it is crucial to work with an attorney who has experience addressing these matters both inside and outside of the courtroom.

Addressing Delays or Damage Related to Winter Weather

Construction projects may encounter delays for a variety of reasons, and when delays are unreasonable, a property owner, developer, or other parties may take action to address their financial losses. If certain types of work are not completed within the expected time frame, this may affect a contractor’s or subcontractor’s ability to begin other types of work. A delay in the completion of a construction project can affect an owner or developer’s plans to use the property. If a delay results in a violation of a contract, one or more parties may pursue litigation to address the breach of contract.

By: Attorney Jaclyn C. Kallie

There are many different situations where legal disputes may arise between two or more parties. While civil litigation may be used to resolve these disputes, this process can be very expensive and time-consuming, and neither party may be fully satisfied with the decisions made by a judge or jury. As an alternative to litigating matters in the courtroom, the parties in these types of disputes may want to consider using mediation to reach an out-of-court settlement.

Benefits of Civil Mediation

By using mediation, the parties can often save a great deal of money that would otherwise have gone toward court costs and attorney’s fees. In cases where one party is seeking payment from the other, such as those involving personal injuries or breach of contract, mediation can increase the amount that the plaintiff will be able to recover while helping minimize costs for the defendant.

Legal disputes can be stressful and time-consuming. If they are not solved within a reasonable time frame, they can cost a great deal of time and resources for you and/or your business. If you are a contractor who has a dispute with a subcontractor, you should speak to an attorney and understand your options for reaching a resolution. Your lawyer can help you determine whether civil litigation is an option in your case. 

Wisconsin’s Right to Cure Law

In 2005, Wisconsin established the Right to Cure Law (also known as the 2005 Wisconsin Act 201), which details the procedures followed when making claims against contractors or subcontractors. Under this law, a claim can be filed for construction defects involving the use of defective materials, violations of building codes, or failure to follow accepted standards for completing work. 

A person must provide written notice to a contractor or subcontractor at least 90 days before filing a claim. This notice must describe the defect in sufficient detail and describe the evidence that the claimant possesses.  The written notice must also allow the contractor or subcontractor the opportunity to address the defect. They may do so by making repairs at no cost, settling the claim through a monetary payment, or a combination of these two remedies. If the contractor or subcontractor rejects the claim, or if the claimant does not accept their settlement offer, the claim may be filed and resolved through civil litigation.

By Attorney Erin Strohbehn

A non-compete clause or agreement is a written contract between an employee and employer that restricts the employee from interacting with others in a way that would compete or interfere with their current employer. This type of contract serves an essential function in commercial life, lowering the risks of exposing a company’s professional secrets, client information, and other strategic tactics and business moves. Although a company cannot force an employee to sign a non-compete clause, an employer may dismiss or choose not to hire a person who declines to sign. When disputes over non-compete agreements arise, commercial litigation may be necessary.

Non-Compete Clause Requirements and Limitations

Typically, non-compete clauses must state the reason for the agreement, be effective on a certain date and for a limited period of time, and list a specific geographic area where they will apply. Some include a non-solicitation clause that restricts an employee from soliciting other employees of the company and imposes penalties if the non-compete clause is broken. Non-compete clauses cannot impose restrictions that would affect a person’s ability to earn a living, and they cannot disallow an individual from gaining employment. The terms of these contracts must be fair, just, and reasonable.

By Attorney Jaclyn Kallie

While most people who go into business with a partner take care to select ones who have similar goals, inevitably, there will be disagreements from time to time. Often, these issues can be solved through honest, open communication. However, sometimes a dispute can turn severe and ugly very quickly, which is when an experienced commercial litigation attorney can help. How a business is set up can also come into play.

Talking the Issues Out

First and foremost, successful business partnerships are based on the ability to communicate, at no time is this more important then when there is a disagreement between partners. Discussing these issues may demand a certain amount of diplomacy—and perhaps compromise—on both sides, but the outcome of maintaining the partnership and getting the business back on track can be worth it.