Wisconsin Alterations Clauses Reasonable and Practical Approach

State:
Multi-State
Control #:
US-OL12042
Format:
Word; 
PDF
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Description

This office lease form states the conditions where, subject to the prior written consent of the owner, the tenant, at tenant's expense, may make alterations, installation, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises using contractors or mechanics first approved by owner.

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FAQ

?Pay if paid? clauses are different than ?pay when paid? clauses. A ?pay if paid? clause provides that the prime contractor is responsible for paying the subcontractor only if the prime contractor receives payment from the owner. The Wisconsin Statutes contain a provision rendering some ?pay if paid? clauses void.

The penalties for a violation of Wisconsin's ?Theft by Contractor? statute can be severe. If such a claim is proven, a contractor could be subject to criminal prosecution, be held liable in a civil suit for money damages, and, in some cases, corporate officers can be held personally liable.

Homeowners, dissatisfied with the construction of their new home or the results of a remodeling project, must follow the provisions of the Wisconsin Right to Cure Law before entering a courtroom to resolve their dispute.

The following are some of the reasons for writing change orders: To change contract plans, specifications, or both. To describe the work and method of payment for work stipulated in the contract to be paid as extra work. To authorize an increase in extra work funds necessary to complete a previously authorized change.

Option to cure is a contract principle that, where available, allows a party to a contract to have the opportunity to correct their performance to align with their obligations in the contract.

If the contractor fails to make progress or fails to perform any other provision of the contract, the Agency Contracting Officer (ACO or CO) will issue a ?Cure Notice?. The cure notice must be in writing and specifically state what failure exists and provide 10 days to 'cure' the failure.

The ?Right to Cure Law? provides the steps and timetables to be followed in resolving any claims of dwelling construction defects by consumers against contractors or suppliers. Claims must be pursued through the ?Right to Cure Law? process before arbitration or before legal action.

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Wisconsin Alterations Clauses Reasonable and Practical Approach