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Regulation guide

After a storm: roof damage, storm chasers and your rights in Wisconsin

The days after a hail or wind storm are when homeowners make expensive decisions in a hurry. Wisconsin law gives you specific protections when a roofing or exterior contract depends on insurance. Here is what to do first, what the law says, and how to tell a real contractor from a storm chaser.

Rules & permits6 min readReviewed 2026-09-17

The short version

  • Safety first, then document: dated photos of the roof, siding, gutters and interior before anything is cleaned up or repaired.
  • Stop active leaks with temporary protection, but don't sign a full replacement contract on the doorstep to get a tarp.
  • Wisconsin law (Wis. Stat. § 100.65) bars contractors from promising to pay or rebate any part of your insurance deductible, and from representing you or negotiating your claim with the insurer.
  • If an exterior contract is to be paid by insurance, you can cancel it before midnight of the third business day after your insurer notifies you in writing that the claim is denied in whole or in part.
  • Get more than one written estimate from established local contractors, and check credentials before you sign anything.

First hours: safety and documentation

Stay off the roof. Wet or hail-covered shingles are slippery, storm damage can hide weakened decking, and downed or sagging service lines may be live. Look from the ground, from windows and with binoculars.

Then document before anything changes. Good records help any contractor write an accurate estimate and help you in any conversation with your insurer.

  • Write down the date and time of the storm and what you saw — hail size, wind direction, fallen limbs.
  • Photograph each side of the house wide, then close up: missing or lifted shingles, dented gutters, downspouts and roof vents, cracked or holed siding, torn screens, chipped paint.
  • Photograph hail on the ground next to a coin or ruler if you can do so safely.
  • Inside, check ceilings and the attic for water stains or drips, and photograph them.
  • Keep pieces that came off the house — shingles, siding, gutter sections — until the damage has been looked at.
  • Read your policy's section on what to do after a loss, and call your agent or insurer with questions about deadlines and coverage.

Temporary protection without a long-term commitment

If water is coming in, stopping it is the priority. A tarp over a damaged area or boards over a broken window limit the damage while you sort out the permanent repair. Keep receipts and photos of what was done.

Temporary work can be done without signing a full replacement contract. Wisconsin's storm-contractor law recognizes this: if you later cancel an insurance-contingent contract, the contractor is entitled to the reasonable value of emergency services that you acknowledged in writing were necessary to prevent damage to the home. So if you sign anything for emergency work, make sure it describes only that work and its price.

Wisconsin's home improvement rule (ATCP 110) also applies: a contract that requires payment before the work is finished, or that came from a seller soliciting you at your home, must be in writing. For leak response and small repairs, see roof repair.

What hail and wind damage looks like

Not every storm damages a roof, and a trustworthy inspection will say so. These are the signs worth checking, and the look-alikes that come from age rather than weather:

  • Wind: missing shingles, tabs creased or folded back, lifted edges along the rakes and ridge, exposed nails, torn flashing.
  • Hail: random soft spots or dark bruises where granules have been knocked off, cracked shingles, dents in soft metal such as roof vents, gutters and downspouts, spatter marks on painted surfaces, holes or cracks in vinyl siding.
  • Not storm damage: uniform granule loss across the roof, blistering, curling and cracking from age, and moss or staining. These matter for the roof's remaining life, but they are wear.
  • Beyond the roof: check siding, window wraps and gutters. Hail that dents a gutter has often hit the siding too.

How storm chasers work

After a big storm, out-of-area crews follow the damage. Some do acceptable work; the risk is that a crew with no local base can be hard to reach when a leak or a paperwork problem shows up later. The Wisconsin Builders Association's advice is to research local contractors, check for complaints with the state's consumer protection hotline, and never rely on a verbal commitment. Warning signs:

  • A knock on the door within days of the storm, from a company you have never heard of.
  • An offer to cover, waive or rebate your deductible, or to 'work it into the price.' In Wisconsin that promise is illegal.
  • 'We'll handle your claim' or 'we'll deal with your insurance company for you.' Wisconsin law bars contractors from representing you or negotiating your claim.
  • Pressure to sign today, or work started and materials delivered before you have agreed to anything. Wisconsin's home improvement rule prohibits using those tactics to pressure a buyer.
  • A claim to be from your insurer, the city or a utility to get onto your property. Posing as a government or utility inspector to gain entry is prohibited too.
  • A large deposit in cash, no local address, or a contract with no start and completion dates.
  • A one-page agreement that commits you to the contractor before any inspection or estimate exists.

Check complaints with the Wisconsin Department of Agriculture, Trade and Consumer Protection's consumer protection hotline, 1-800-422-7128, before you sign.

What Wisconsin law says: Wis. Stat. § 100.65

Wisconsin's storm-contractor protections were created by 2013 Wisconsin Act 24 and appear in Wis. Stat. § 100.65. They apply to a residential contractor — anyone who contracts with an owner or occupant to repair or replace a roof system (roof coverings, sheathing, weatherproofing and insulation) or to do other exterior repair, replacement, construction or reconstruction on a one- or two-family home.

  • No deductible deals. A contractor may not, in advertising or otherwise, promise to pay or rebate all or any part of your property insurance deductible as an incentive to sign. 'Promise to pay or rebate' is defined broadly: allowances, discounts against fees, gifts, bonuses, coupons, credits, referral fees or anything else of monetary value.
  • Two forms before you sign. Before entering a written contract, the contractor must give you a statement, in boldface type of at least 10 point, asking whether the work is related to an insurance claim, with YES and NO lines for you to sign. The contractor must also attach a detachable Notice of Cancellation form, in duplicate.
  • Your right to cancel. If all or part of the contract is to be paid under a property insurance policy, you may cancel before midnight of the third business day after you receive written notice from your insurer that the claim is denied in whole or in part. Deliver the notice in person, or mail it first class to the address in the contract, postmarked before that midnight. The attached form or any other written notice of your intent works.
  • Refunds. Within 10 days of receiving your cancellation, the contractor must return any payments, deposits and notes. The exception is the reasonable value of emergency services you acknowledged in writing were necessary to prevent damage.
  • No acting as your representative. A contractor may not represent you, or negotiate for you, on an insurance claim for roof or exterior work, or advertise that it will. With your express consent, a contractor may discuss the damage with you or with the insurer's representative, give you an estimate, submit it to your insurer, and discuss repair options.
  • Penalties. A violation carries a forfeiture of $500 to $1,000 for each violation.

In short: a contractor can give you and your insurer a written estimate. A contractor cannot act as your representative on the claim, and cannot offer to absorb your deductible.

Estimates, contracts and permits

Get more than one written estimate, from contractors with a local address and a track record you can check. Compare them on scope, not only price: whether the roof is torn off to the deck and how many layers come off, the allowance for replacing damaged decking, ice barrier coverage at the eaves, how flashing at walls and chimneys is handled, ventilation, and whether gutters or siding are included. Our guide to hiring a contractor in Wisconsin has a full checklist, and the roof replacement cost guide explains what moves the price.

The written contract should list the work, the materials, the total price and the start and completion dates. Before you sign, Wisconsin's home improvement rule requires the contractor to tell you which permits the job needs. Permit rules vary: Muskego requires a permit to re-roof, while Milwaukee and Waukesha do not require one to replace roof covering on a one- or two-family home when the structure isn't changed. Where a building permit is needed, the contractor pulling it must hold Wisconsin's Dwelling Contractor certification. See permits in southeast Wisconsin.

The Wisconsin Builders Association also advises asking for the contractor's certificate of liability insurance, getting lien waivers from anyone paid for the work, and making sure any required inspection is passed before final payment.

You usually have more time than a door-knocker suggests

Once the house is protected from water, the permanent repair can wait for good estimates. After a large storm, reputable roofers book up, and the ones with the most open schedule are not always the ones you want. Check your policy for its deadlines, then use the time to compare.

Season doesn't force the decision either. Shingles can be installed in cold weather with extra steps — Owens Corning, for example, requires hand-sealing shingles around the roof perimeter when air and surface temperatures are at or below 40°F, because the sealant strips may not bond until warmer weather.

C&L Property Improvements provides free written estimates for roof repair and roof replacement. What happens with an insurance claim is between you and your insurer.

Questions

Can a roofer pay my insurance deductible in Wisconsin?

No. Wis. Stat. § 100.65 prohibits a residential contractor from promising to pay or rebate all or any part of a property insurance deductible as an incentive to sign, including through discounts, allowances, gifts, credits or referral fees.

Can a contractor talk to my insurance adjuster?

Only in limited ways, and only with your express consent. A contractor may discuss the damage with you or the insurer's representative, provide an estimate, submit it to your insurer and discuss repair options. A contractor may not represent you or negotiate your claim.

How do I cancel a roofing contract if my claim is denied?

Deliver or mail a signed, dated written notice — the Notice of Cancellation form attached to the contract, or any written notice of your intent — before midnight of the third business day after you receive the insurer's written denial. If you mail it, send it first class to the contractor's address in the contract, postmarked before that deadline.

Do I need a permit to replace a storm-damaged roof?

It depends on where you live. Muskego requires a re-roofing permit; Milwaukee and Waukesha do not require one for one- and two-family homes when the roof structure isn't changed. Other cities charge flat fees. Your contractor must tell you what permits are needed before you sign.

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