Not legal advice. This page explains Wisconsin's rules in plain English, with each one linked to the law or agency page it comes from. For a dispute over real money, talk to a lawyer; the State Bar's Lawyer Referral Service is (800) 362-9082.(DATCP)
Which Office Handles What
| The problem | Where it goes |
|---|---|
| Took money and didn't finish, broke the contract, or misled you | DATCP complaint (mediation), then small claims for money(DATCP) |
| Licensed contractor did unsafe or code-violating work, or someone worked without the license the job needs | DSPS complaint (discipline of the license)(DSPS) |
| Work done without a permit in Madison | Madison Building Inspection, 608-266-4551 ext 4 or binspection@cityofmadison.com(City of Madison) |
| You want money back, up to $10,000 | Small claims court in Dane County(Wis. Stat. 799.01) |
| A subcontractor or supplier threatens a lien | Your contractor must defend it; see construction liens(Wis. Stat. 779.02) |
| A traveling crew starts work you didn't authorize | Call police(DATCP) |
| Insurer, agent or adjuster problems | Office of the Commissioner of Insurance, (800) 236-8517(DATCP) |
The Wisconsin Department of Justice sends consumer protection reports to DATCP.(Wisconsin DOJ) Madison's city "consumer complaint" form is for weights and measures, not contractor disputes.(City of Madison)
First Steps
- Write to the contractor. DATCP prefers that you try to resolve the problem with the business first.(DATCP)
- For defects, give notice before suing. Wisconsin's Right to Cure law requires written notice of construction defects to the contractor before you sue; skipping it can get a case dismissed.(DATCP)
- If the job stalled after you paid, you can cancel in writing and demand unspent money back within 15 days and a written accounting within 30 days.(ATCP 110.07) See home improvement contracts.
- Gather copies of the contract, receipts, invoices, canceled checks, lien notices and waivers, and photos. Send copies, never originals.(DATCP)
DATCP Complaint
- How to file. Use DATCP's online home improvement complaint form or the paper form.(DATCP) Mail it with copies of your documents to DATCP Bureau of Consumer Protection, PO Box 8911, Madison, WI 53708-8911.(DATCP) Complaints must be in writing: online, email, mail or fax.(DATCP)
- Hotline. (800) 422-7128 or DATCPHotline@wisconsin.gov, which can also send you a form.(DATCP)
- What the form asks. Whether you got lien waiver notices and waivers, whether a lien has been filed, and what you've done so far, such as a lawyer, a police report or small claims.(DATCP)
- What happens. DATCP typically contacts you within a week, then contacts the business for you.(DATCP) It mediates; the process can take up to 90 days.(DATCP) It can't force the business to resolve it, but its contact often leads to a solution.(DATCP) For serious, widespread violations it may refer a case to the Department of Justice or a district attorney.(DATCP)
- What it can't do. DATCP can't give legal advice or act as your lawyer, and only courts award money.(DATCP)
- Privacy. Complaint forms are public records, and your personal information might be released in response to a records request.(DATCP)
DSPS License Complaint
- How to file. Use the LicensE complaint form and pick the right category, such as Trades, or mail the paper form to DSPS Division of Legal Services and Compliance, P.O. Box 7190, Madison, WI 53707-7190.(DSPS)
- What DSPS can do. Investigate and discipline the credential: reprimand, suspension, limitation or revocation.(DSPS) Orders are published in the Search Orders portal.(DSPS)
- What it can't. DSPS can't get your money back, and screening may close cases that are private civil matters or fee disputes. About half of complaints aren't opened for further action, and investigated cases can take more than a year.(DSPS)
- Bond or insurance. Where a credential holder must carry a bond or liability insurance, DSPS says you may be able to claim money from that company.(DSPS) Dwelling Contractors must carry one or the other.(Wis. Stat. 101.654)
- Your name. You can complain anonymously, but confidentiality isn't guaranteed, and your name is usually disclosed to the business.(DSPS)
Madison Building Inspection
- Report construction without a permit at 608-266-4551 ext 4 or binspection@cityofmadison.com.(City of Madison)
- The city opens a case, with no charge for the first inspection; most cases resolve in 30 to 60 days. Unresolved violations can go to the City Attorney, with penalties of $1 to $1,000 per violation per day.(City of Madison)
- Construction noise: no substantial use of building equipment from 7 p.m. to 7 a.m., Monday through Saturday.(City of Madison)
Small Claims in Dane County
- Limits. Money claims of $10,000 or less, such as breach of contract; claims for property damage or injury are limited to $5,000.(Wis. Stat. 799.01)(Wisconsin Courts) Small claims can't award more than $10,000 plus costs, even if your loss is bigger.(DATCP)
- Deadline. A breach of contract suit must be started within 6 years.(Wis. Stat. 893.43)
- Forms. Start with form SC-500, Summons and Complaint, with instructions on SC-500i.(Wisconsin Courts) The courts' online forms assistant fills them in from an interview.(Wisconsin Courts) You can file where the claim arose, where the property is, or where the contractor lives or does business.(Wisconsin Courts)
- Fee. $94.50 to start a case of $10,000 or less, on the statewide fee table updated November 14, 2024, plus $35 per party if you eFile.(Wisconsin Courts) The court may waive fees if you can't afford them.(Dane County Clerk of Courts)
- Where. Dane County Clerk of Courts, Dane County Courthouse, Room 1000, 215 South Hamilton Street, Madison. Filing fees can't be paid online.(Dane County Clerk of Courts)
- Serving the contractor. The sheriff or a process server must serve the summons and complaint at least 8 business days before the return date.(Dane County Clerk of Courts)
- Hearings. Contested cases go to a court commissioner; either side can then ask for a trial before a judge.(Dane County Clerk of Courts)
- Free help. The Small Claims Assistance Program meets Tuesday mornings at the Courthouse, Room L1022, with volunteer attorneys or paralegals; it doesn't give legal advice.(Dane County Clerk of Courts)
- Collecting. The court doesn't collect the judgment for you.(Wisconsin Courts)
Theft by Contractor
A contractor that spends your payments on anything other than the workers and suppliers on your job, before they're paid, commits theft under Wisconsin law. That makes it a crime as well as a civil wrong.(Wis. Stat. 779.02) DATCP's complaint form asks whether you've filed a police or sheriff's report.(DATCP) More on this, and on liens, in construction liens.
To avoid the next one, start with the credential checker. If storm damage is involved, see storm chasers.
Questions
How do I file a complaint against a contractor in Wisconsin?
With DATCP's Bureau of Consumer Protection, which has a home improvement complaint form online and on paper. Send copies of your contract, receipts and other papers. DATCP contacts the business and tries to mediate; it can't force a resolution or award money. A separate complaint to DSPS can lead to discipline of a contractor's license.
What is the small claims limit in Wisconsin?
$10,000 for most money claims, including breach of contract. Claims for property damage or personal injury are limited to $5,000.
How much does it cost to file in small claims court?
The statewide fee to start a small claims case of $10,000 or less is $94.50 on the current court fee table, plus $35 per party if you eFile. The court can waive fees if you can't afford them.
Can DATCP get my money back from a contractor?
No. DATCP mediates, and its contact often leads to a solution, but only a court can award a money judgment. For money, use small claims or a lawyer.