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01-0993 Arbor Vitae-Woodruff Joint School District No. 1 v. Gulf Insurance Co.

By: dmc-admin//December 31, 2001//

01-0993 Arbor Vitae-Woodruff Joint School District No. 1 v. Gulf Insurance Co.

By: dmc-admin//December 31, 2001//

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“The work is completed when the contractor has performed all work it is responsible for under the terms of the contract. This is an issue of historical fact, and it has been stipulated to in this case. The contractor, by submitting a final application to the architect, is saying that the construction was complete at least as of the date the bill is submitted. The architect then investigates to determine whether the work was actually completed as contracted for and authorizes the final payment. This latter process follows, and is not part of, the completion of the work.

“The parties stipulated that TCC completed its work on the school no later than Dec. 16, 1998. At that point, the statue of limitations under Wis. Stat. § 779.14(2) began to run. The district’s complaint was not filed until Feb. 7, 2000, nearly two months after the statute of limitations expired. Section 779.14(2) precludes the district’s complaint against Gulf because it was not filed within one year of TCC completing its work.”

Reversed and remanded.

Dist III, Oneida County, Mangerson, J., Hoover, P.J.

Attorneys:

For Appellant: Bruce Gillman, Madison

For Respondent: James F. Harrington, Wausau; Mary Susan Anderson, Wausau

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