Wisconsin Mechanics Lien Laws
In the state of Wisconsin, lien laws are embedded in the state code and statutes. Any entity or person involved in the construction or building industry in the state of Wisconsin should be aware of their legal rights to file claims on liens of the properties they are tasked with working on in the event of non-payment by owners. In order to ensure your right to make claims on liens and enforce these claims, following the protocol and strict timelines regarding lien claims in the state of Wisconsin must be adhered to in all cases.
Primary Contractors in Wisconsin
In the state of Wisconsin, primary contractors are required by law to provide preliminary notice in original contract, but if there is no written agreement regarding a project, preliminary notice must be filed within ten (10) days of beginning any work on site. In some circumstances involving commercial projects, the notice requirement may be waived. In the event of intent to claim on lien, primary contractors must provide the owner of project with a notice of intent to lien more than thirty (30) days before actually filing lien claim. Claims for liens are required to occur no later than six (6) months after the last date of providing any service or materials to jobsite. Primary contractors wishing to foreclosure upon a lien must do so within two (2) years of lien claim filing through filing a notice of intent to file suit to foreclose.
Sub Contractors in Wisconsin
In the state of Wisconsin, sub contractors are legally obligated to service preliminary notice to owners no later than sixty (60) days after providing first service to job site. Otherwise, actions to make claims on liens or take action to foreclose on liens follow the same procedure as with prime contractors, which include:
- Notice of intent to file claim on lien at least thirty (30) days before actually filing
- File claim on lien no more than six (6) months after the last time service provided to given project
- Action to foreclose on property lien must begin no later than two (2) years after lien claim filing date
Materials Suppliers in Wisconsin
Materials suppliers in the state of Wisconsin are legally obligated to follow the same preliminary notice process as sub contractors and claim on lien procedures as sub and prime contractors in the state.