Prime Contractor Lien Claims in Wisconsin

Mechanic's Liens place a block or burden on a property owner's title when a claimant (such as a contractor, materials supplier, or other laborer such as a subcontractor) has not been paid for labor, materials, or equipment provided. In Wisconsin, mechanic's liens are governed under Chapter 779 of the state legislative code.

To claim a lien in Wisconsin, the claimant must file a claim of lien with the office of the clerk of courts in the county where the property is located. WIS. STAT. 779.06(1). The claim must be filed within six (6) months from the last date the lien claimant performed, furnished, or procured labor, services, materials, plans, or specifications. Id

The lien claimant must also serve a copy of the claim for lien on the owner of the property on which the lien is placed within thirty (30) days after filing the claim. Id.

No lien claim may be filed unless, at least 30 days before timely filing of the lien claim, the lien claimant has served the owner with a written notice of intent to file a lien claim. WIS. STAT. 779.06(2). The notice is required to be given whether or not the claimant has been required to and has given any previous notice. Id. It also briefly describes the nature of the claim, its amount, and the land and improvement to which it relates. Id

The claim for lien must have any preliminary notice attached, and shall contain a statement of the contract or demand upon which it is founded, the name of the person against whom the demand is claimed, the name of the claimant and any assignee, the last date of performing, furnishing, or procuring any labor, services, materials, plans, or specifications, a legal description of the property against which the lien is claimed, a statement of the amount claimed and all other material facts in relation thereto. WIS. STAT. 779.06(3). The claim of lien shall be signed by the claimant or attorney and does not need to be verified. Id.

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 a Wisconsin attorney with any questions about filing a claim for a mechanic's lien.

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