While the vast majority of remodeling projects have successful outcomes, occasionally disagreements develop between the homeowner and the contractor and it is important to resolve them quickly and cost effectively. NARI Milwaukee recommends that parties continue to attempt direct negotiations to resolve their concerns, but if initial negotiations fail, the NARI Milwaukee Grievance Process provides both parties with a fair and cost-effective mediation and arbitration of their dispute over construction defects.
The NARI Milwaukee Grievance Procedure is available in cases of a grievance involving a NARI Milwaukee member at the time of service who is still a current member brought forth from either the member or consumer; or a NARI Milwaukee member at the time of service who is no longer a member brought forth by the consumer to NARI Milwaukee following its rules, processes and procedures.
NARI’s dispute resolution process is governed by Wisconsin Law, as modified by NARI Milwaukee’s rules, processes and procedures. The process typically takes a few months and is intended to be timely and efficient while being less expensive than the traditional legal process.
Before entering into NARI Milwaukee’s Grievance Resolution Process, consumers are required to attempt to resolve contractor issues through good faith negotiations and the Wisconsin Right to Cure law. The Right to Cure law requires that a consumer notify their contractor of any alleged construction defects and provide the contractor with an opportunity to repair the defects or pay a monetary settlement. NARI Milwaukee will only provide resolution services after the parties have attempted to resolve their disputes under the Right to Cure law and have failed. Proof is required.
Second, the parties must review their contract for a dispute resolution clause. If a process is outlined in the contract, that process must be followed by law, unless both parties agree and sign off to a different process. Regardless if the contract between both parties has NARI Milwaukee grievance process listed in the dispute resolution clause, has no dispute resolution clause or the parties have agreed to use the NARI Milwaukee Grievance Resolution Process instead of the originally agreed upon dispute resolution clause, a NARI Milwaukee Grievance Resolution Agreement must be signed by both parties to proceed.
If you need to start the grievance process call the NARI office for consultation (414-771-4071). In the initial stages, a mediation attempt is conducted by a NARI Milwaukee staff member trained in problem resolution. Sometimes, all it takes is a third party to intercede to get these differences settled. If, however, simple third-party mediation cannot resolve the problem, then it is necessary for the formal process to begin. NARI will provide the filing party with the Grievance Resolution packet containing the complete set of rules, processes, procedures and forms to get started.
Once the completed packet and fees are returned to NARI, a set of the documents is provided to the other party for response and their fees. The case is then moved to the Ethics Team for review. If accepted, volunteer subject matter experts are assigned the case and attempt in-person mediation with the parties at the project site. If mediation attempts fail, the case is moved to arbitration conducted by third-party professional arbitrators mutually selected by the parties. The decision of the arbitrator is final and binding.
The NARI Milwaukee Ethics Team has always been committed to resolving member disputes in a logical and timely manner. Thank you for your interest in NARI Milwaukee, where we are your trusted resource for successful remodeling and home improvement projects.
Click here for the Right to Cure Information