Wis. Stat. » CHAPTER 893 — LIMITATIONS OF COMMENCEMENT OF ACTIONS AND PROCEEDINGS; PROCEDURE FOR CLAIMS AGAINST GOVERNMENTAL UNITS
Wisconsin Statutes

Wis. Stat. § 893.49 (2026)

Payment by one not to affect others

✓ current as of July 2026
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893.49893.49 Payment by one not to affect others. If there are 2 or more joint contractors or joint personal representatives of any contractor, no one of them shall lose the benefit of this chapter so as to be chargeable by reason only of any payment made by any other of them.
893.49 HistoryHistory: 1979 c. 323; 2001 a. 102.
893.49 NoteJudicial Council Committee’s Note, 1979: This section is previous s. 893.47 renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1981–2025 · leading case: St. Mary's Hosp. Med. Ctr. v. Tarkenton, 309 N.W.2d 14 (Wis. Ct. App. 1981).
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St. Mary's Hosp. Med. Ctr. v. Tarkenton, 309 N.W.2d 14 (Wis. Ct. App. 1981). · cites it 5× “47, Stats, [now sec. 893.49, Stats.]. Upon this statute the courts have engrafted the doctrine that where one joint obligor consents to or requests the other to *425 make a payment, the statute is tolled as to the person so consenting.”
William B. Larimore v. Midland Plastics Inc. (Wis. Ct. App. 2025). “§ 893.49(4)(c)).10 ¶31 We now consider whether Larimore’s claim is premised on a structural defect such that it is barred by the statute of repose; or an unsafe condition associated with the structure such that it is excepted from the statute of repose by WIS.”
— Wis. Stat. § 893.49(4)(c) — 1 case
William B. Larimore v. Midland Plastics Inc. (Wis. Ct. App. 2025). “§ 893.49(4)(c)).10 ¶31 We now consider whether Larimore’s claim is premised on a structural defect such that it is barred by the statute of repose; or an unsafe condition associated with the structure such that it is excepted from the statute of repose by WIS.”
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