## How the limitation period applies

The controlling primary authority for US-WI construction defects SOL (893.89) is **893.89**.

> **893.89.** In this section, “exposure period” means the 7 years immediately following the date of substantial completion of the improvement to real property.

## Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

[Open the Statute of Limitations calculator](/tools/statute-of-limitations)

## Sources

- [893.89 — 893.89](https://docs.legis.wisconsin.gov/statutes/statutes/893/ix/89)

All sources are official primary law published by `docs.legis.wisconsin.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


Construction defect claims in Wisconsin commonly trigger a “statute of limitations” (SOL) analysis that can feel counterintuitive because different lega...

Statute of Limitations for Construction Defects in Wisconsin

ANO-831 deepening pass 2026-04-29: every claim_type now carries primary verbatim raw_statute_text from docs.legis.wisconsin.gov. Major correction: legal_malpractice changed from 6yr (§ 893.43 contract-default fabrication) to 3yr (§ 893.53 injury-to-character/rights, the actual WI rule per Hennekens v. Hoerl). Trespass audit: confirmed 6yr under § 893.52(1) is correct for WI; the CT/IN PI-default pattern does not apply here.

The following actions shall be commenced within 6 years after the cause of action accrues or be barred:

893.43(1) (1) Except as provided in sub. (2) , an action upon any contract, obligation, or liability, express or implied, including an action to recover fees for professional services, except those mentioned in s. 893.40 , shall be commenced within 6 years after the cause of action accrues or be barred.

Except as provided in subs. (2) and (2d) and s. 946.88 (1) , prosecution for a felony must be commenced within 6 years and prosecution for a misdemeanor or for adultery within 3 years after the commission thereof. Within the meaning of this section, a prosecution has commenced when a warrant or summons is issued, an indictment is found, or an information is filed.

893.93(1m) (1m) The following actions shall be commenced within 3 years after the cause of action accrues or be barred: 893.93(1m)(a) (a) An action upon a liability created by statute when a different limitation is not prescribed by law. 893.93(1m)(b) (b) An action for relief on the ground of fraud. The cause of action in such case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud.

In this section, “exposure period” means the 7 years immediately following the date of substantial completion of the improvement to real property.

893.53 Action for injury to character or other rights. An action to recover damages for an injury to the character or rights of another, not arising on contract, shall be commenced within 3 years after the cause of action accrues, except where a different period is expressly prescribed, or be barred.

893.57 Intentional torts. An action to recover damages for libel, slander, assault, battery, invasion of privacy, false imprisonment or other intentional tort to the person shall be commenced within 3 years after the cause of action accrues or be barred.

893.55(1m) Except as provided in subs. (2) and (3), an action to recover damages for injury arising from any treatment or operation performed by, or from any omission by, a person who is a health care provider, regardless of the theory on which the action is based, shall be commenced within the later of: (a) Three years from the date of the injury, or (b) One year from the date the injury was discovered or, in the exercise of reasonable diligence should have been discovered, except that an action may not be commenced under this paragraph more than 5 years from the date of the act or omission.

893.54(1m) (1m) Except as provided in sub. (2m) , the following actions shall be commenced within 3 years or be barred: 893.54(1m)(a) (a) An action to recover damages for injuries to the person, including an action to recover damages for injuries to the person caused or sustained by or arising from an accident involving a motor vehicle. 893.54(1m)(b) (b) An action brought to recover damages for death caused by the wrongful act, neglect or default of another.

893.54(1m) (1m) Except as provided in sub. (2m) , the following actions shall be commenced within 3 years or be barred: 893.54(1m)(a) (a) An action to recover damages for injuries to the person, including an action to recover damages for injuries to the person caused or sustained by or arising from an accident involving a motor vehicle.

893.52(1) (1) Except as provided in sub. (2) and in any other case where a different period is expressly prescribed, an action, not arising on contract, to recover damages for an injury to real or personal property shall be commenced within 6 years after the cause of action accrues or be barred.

The department may receive and investigate a complaint charging discrimination, discriminatory practices, unfair honesty testing or unfair genetic testing in a particular case if the complaint is filed with the department no more than 300 days after the alleged discrimination, unfair honesty testing or unfair genetic testing occurred. The department may give publicity to its findings in the case.

402.725(1) (1) An action for breach of any contract for sale must be commenced within 6 years after the cause of action has accrued. By the original agreement the parties, if they are merchants, may reduce the period of limitation to not less than one year. The period of limitation may not otherwise be varied by agreement.

893.54(1m) (1m) Except as provided in sub. (2m) , the following actions shall be commenced within 3 years or be barred:
893.54(1m)(a) (a) An action to recover damages for injuries to the person, including an action to recover damages for injuries to the person caused or sustained by or arising from an accident involving a motor vehicle.
893.54(1m)(b) (b) An action brought to recover damages for death caused by the wrongful act, neglect or default of another.

In the interest of justice and fundamental fairness, we adopt the discovery rule for all tort actions other than those already governed by a legislatively created discovery rule. Such tort claims shall accrue on the date the injury is discovered or with reasonable diligence should be discovered, whichever occurs first. All cases holding that tort claims accrue at the time of the negligent act or injury are hereby overruled.

893.93(1m) (1m) The following actions shall be commenced within 3 years after the cause of action accrues or be barred: 893.93(1m)(a) (a) An action upon a liability created by statute when a different limitation is not prescribed by law.

Under Wis. Stat. § 893.54(1m)(a), an action to recover damages for injuries to the person — including injuries caused or sustained by or arising from an accident involving a motor vehicle — must be commenced within 3 years or be barred. (Wrongful-death actions under § 893.54(1m)(b) are also 3 years generally, except wrongful-death actions arising from a motor-vehicle accident, which are 2 years under § 893.54(2m). Those wrongful-death rules are outside this receipt's personal-injury claim_type.)

Under Wis. Stat. § 893.43(1), an action upon any contract, obligation, or liability — express or implied — must be commenced within six years after the cause of action accrues or be barred. Covers written contracts, oral contracts, professional fees, debt-on-promissory-note, account-stated in Wisconsin.

Under Wis. Stat. § 893.93(1m)(b), an action for relief on the ground of fraud must be commenced within 3 years after the cause of action accrues. The cause of action accrues at the discovery of the facts constituting the fraud (codified discovery rule). Per 2017 Wisconsin Act 235 (eff. Apr 5, 2018), § 893.93 was restructured and fraud was moved from a 6-year (1)(b) period to the current 3-year (1m)(b).

In Wisconsin, an action (not arising on contract) to recover damages for an injury to personal property must be commenced within 6 years after the cause of action accrues, under Wis. Stat. § 893.52(1). The 6-year clock applies to ordinary personal-property damage claims.

Statute of limitations for wrongful death in US-WI is 3 years under Wis. Stat. § 893.54(1m)(b).

Statute of limitations for product liability in US-WI is 3 years under Wis. Stat. § 893.54(1m)(a).

Statute of limitations for premises liability in US-WI is 3 years under Wis. Stat. § 893.54(1m)(a).

Statute of limitations for libel in US-WI is 3 years under Wis. Stat. § 893.57.

Statute of limitations for slander in US-WI is 3 years under Wis. Stat. § 893.57.

Statute of limitations for breach written contract in US-WI is 6 years under Wis. Stat. § 893.43(1).

Statute of limitations for breach oral contract in US-WI is 6 years under Wis. Stat. § 893.43(1).

Statute of limitations for property damage in US-WI is 6 years under Wis. Stat. § 893.52(1).

Statute of limitations for trespass in US-WI is 6 years under Wis. Stat. § 893.52(1).

Statute of limitations for personal injury in US-WI is 3 years under Wis. Stat. § 893.54.

Statute of limitations for fraud in US-WI is 3 years under Wis. Stat. § 893.93(1m)(b).

Statute of limitations for legal malpractice in US-WI is 3 years under Wis. Stat. § 893.53.

Statute of limitations for construction defects in US-WI is 7 years under Wis. Stat. § 893.89(1).

Statute of limitations for ucc sale of goods in US-WI is 6 years under Wis. Stat. § 402.725(1).

Wisconsin libel/written defamation claims must be brought within 3 years of accrual under Wis. Stat. § 893.57.

893.43 Action on contract. (1) Except as provided in sub. (2), an action upon any contract, obligation, or liability, express or implied, including an action to recover fees for professional services, except those mentioned in s. 893.40, shall be commenced within 6 years after the cause of action accrues or be barred. (2) An action upon a motor vehicle insurance policy described in s. 632.32 (1) shall be commenced within 3 years after the cause of action accrues or be barred.

893.54(1m) Except as provided in sub. (2m), the following actions shall be commenced within 3 years or be barred: (a) An action to recover damages for injuries to the person, including an action to recover damages for injuries to the person caused or sustained by or arising from an accident involving a motor vehicle. (b) An action brought to recover damages for death caused by the wrongful act, neglect or default of another. (2m) An action brought to recover damages for death caused by the wrongful act, neglect, or default of another and arising from an accident involving a motor vehicle shall be commenced within 2 years after the cause of action accrues or be barred.

893.19(1) If a person is out of this state when the cause of action accrues against the person an action may be commenced within the terms of this chapter respectively limited after the person returns or removes to this state. (2) This section shall not apply to any person who, while out of this state, may be subjected to personal jurisdiction in the courts of this state on any of the grounds specified in s. 801.05.

Wisconsin does not have a standalone fraudulent concealment tolling statute. Concealment by a defendant is addressed through two overlapping doctrines: (1) the common law discovery rule (Hansen v. A.H. Robins, 1983), under which the SOL does not accrue until the plaintiff discovers or should discover both the injury and its probable cause — active concealment by a defendant delays this discovery and thus delays accrual; (2) equitable estoppel, recognized in Kohnke v. St. Paul Fire & Marine Ins. Co., 147 Wis.2d 354 (1988), as a distinct theory (under sec. 893.55(2) for health care providers; under equitable estoppel principles for general tort claims). For medical malpractice, Wis. Stat. § 893.55(2) codifies a specific concealment provision: 'If a health care provider conceals from a patient a prior act or omission of the provider which has resulted in injury to the patient, an action shall be commenced within one year from the date the patient discovers the concealment or, in the exercise of reasonable diligence, should have discovered the concealment or within the time limitation provided by sub. (1), whichever is later.'

893.16(1) (1) If a person entitled to bring an action is, at the time the cause of action accrues, either under the age of 18 years, except for actions against health care providers; or mentally ill, the action may be commenced within 2 years after the disability ceases, except that where the disability is due to mental illness, the period of limitation prescribed in this chapter may not be extended for more than 5 years.