Lien Waivers in Wisconsin

Lien waivers are used to simplify payments between contractors, subcontractors, customers, and property owners. A waiver is a known forfeiture of a legal right. In this case, the person granting the waiver forfeits the right to seek a mechanic's lien for all or part of the amount due.

Unlike other states, Wisconsin outlines a broad array of waiver rights and the law does not require verification of payment before the waiver takes effect. Any document signed by a lien claimant or potential claimant and purporting to be a waiver of construction lien right, is valid and binding as a waiver whether or not consideration was paid therefor and whether the document was signed before or after the labor, services, materials, plans, or specifications were performed, furnished, or procured, or contracted for. WIS. STAT. 779.05(1). Any ambiguity in such document shall be construed against the person signing it. Id.

Any waiver document shall be deemed to waive all lien rights of the signer for all labor, services, materials, plans, or specifications performed, furnished, or procured, or to be performed, furnished, or procured, by the claimant at any time for the improvement to which the waiver relates, except to the extent that the document specifically and expressly limits the waiver to apply to a particular portion of such labor, services, materials, plans, or specifications. Id. Therefore, be sure to spell out any exceptions to the waiver in the waiver document as any mistake could lead to an inadvertent waiver.

Be certain that payment is guaranteed before issuing a waiver, especially if the account still shows a balance due. A lien claimant or potential lien claimant of whom a waiver is requested is entitled to refuse to furnish a waiver unless paid in full for the labor, services, materials, plans, or specifications to which the waiver relates. Id. A waiver furnished is a waiver of lien rights only, and not of any contract rights of the claimant otherwise existing. Id.

A promissory note or other evidence of debt given for any lienable claim shall not be deemed a waiver of lien rights unless the note or other instrument is received as payment and expressly declares that receipt thereof is a waiver of lien rights. WIS. STAT. 779.05(2).

This article is provided for informational purposes only and should not be relied upon as a substitute for the advice from a legal professional. Please contact an attorney with questions about lien waivers, or any other issues related to liens in Wisconsin.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Construction Lien Waiver

File a lien for unpaid construction or renovation work
Document partial payment received on a construction project
Protect a contractor's right to payment for work performed
File a final lien waiver after project completion and payment
Provide required pre-lien notice before filing a claim
File a lien to prevent property sale until payment is received
Protect payment rights for electrical, plumbing, or HVAC work

Compare other Wisconsin deed forms and documents

Quitclaim Deed Full Release of Memorandum of Contract Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Mineral Deed Mineral Deed with Quitclaim Covenants Special Power of Attorney for the Purchase of Property Power of Attorney for the Sale of Real Estate Mortgage and Promissory Note Satisfaction of Mortgage Assignment of Mortgage Land Contract Memorandum of Contract Personal Representative Deed Termination of Decedent Property Interest Transfer on Death Deed Transfer on Death to Beneficiary Contractor Notice of Intent to File Lien Contractor Claim of Lien Subcontractor Identification Notice Subcontractor Notice of Intent to File Lien Subcontractor Claim of Lien Construction Lien Release Trustee Deed Disclaimer of Interest Certificate of Trust Lis Pendens Release of Lis Pendens

Important: County-Specific Forms

Our construction lien waiver forms are specifically formatted for each county in Wisconsin.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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