It’s not always easy to receive the gold you’ve earned in the Badger State. Wisconsin, like all other states, has mechanics lien laws to help construction workers and suppliers like you get paid. Like all other states, Wisconsin mechanics lien and Wisconsin construction lien laws are also confusing and complicated. So you need to know how the law works to be able to properly file a Wisconsin lien and protect your right to be paid. Here are 5 things you need to know about the Wisconsin lien laws as reported to NLB busy our network of Wisconsin construction attorneys and Wisconsin construction lawyers to successfully file your next lien.
WHO CAN FILE A WISCONSIN MECHANICS LIEN
Generally, every state has laws that limit who can file a mechanics lien and a payment bond claim, and Wisconsin liens are not the same to perfect. You need to know how and when to take the required steps. The pre-lien or preliminary notice requirements are different for each state on Private, Public, and Federal Projects. When you send the notice to the owner, preliminary notice, or pre-lien notices are also different for a supplier, sub, GC, or design professional.
SCHEDULE A NO-COST INITIAL CALL WITH NLB’S GENERAL COUNSEL TO GET STARTED
National Lien & Bond professional lien providers and Wisconsin construction lawyers have helped subs and suppliers get paid on over 26,000 projects since 1986. NLB is here to help you learn what steps you need to take and when to send a notice or lien to secure your job funds on every project.
When you download a summary that may not be current or the deadlines and steps are confusing to follow. NLB offers every sub and supplier the ability to get answers you need to get paid!
You are invited to set up an appointment with general counsel to discuss the details of how and when to take the steps you need to get paid on every project Click Here.
We find it very helpful to get the most out of our initial consultation if you would fill out this initial claim form before your meeting.
NOTICE OF RIGHT TO LIEN
Your first step in protecting your lien rights is typically to serve notice of your right to file a mechanic’s lien, often referred to as the “Preliminary Notice”. It must be served on the owner and the general contractor. Unless you are working directly for the general contractor. If the owner obtained a loan to fund the project, you must also serve the notice to the construction lender. The Preliminary Notice timing shown is not always mandatory but will afford maximum protection for liens.
This notice may be served when you begin supplying materials to the project. If you miss the statutory date, you may in some states still serve the notice to capture remaining funds as state law typically bit not always provides. Notice (Statutory Form) to owner, contractor, construction lender & person with whom the claimant has contracted within a date certain from the time you began work, or in some times before you start and in others when you completed work.
The notice may either be served by certified mail, return receipt requested, or personally served on each of the parties. If you file a lien, you need to provide proof of this service by affidavit and proof of mail delivery. The notice typically includes a description of the work or goods you will provide, the estimated total price of the work or goods you will provide, and the statutorily required statement.
PREPARING THE WISCONSIN MECHANICS LIEN
Every mechanics lien typically must contain the owner’s name, a general description of the property and location, the name of the hiring party, the first and last date of work a description of the work performed, and the amount of money owed. The lien may also include other statutorily required statements and best practices require a lien to be prepared by a lawyer in the project state.
FILING AND SERVING THE WISCONSIN MECHANICS LIEN
According to the mechanics lien law, after your notices are served timely the lien must be filed in the county recorder’s office in the county where the property is located. The lien may either be served by certified mail, return receipt requested, or personally served on each of the parties. If you file a lien, you may in several states need to provide proof of this service by affidavit and proof of mail delivery.
FINAL THOUGHTS
Even if circumstances change, it is never too late to start a dialogue with the owner and GC Click Here to set up an appointment with general counsel to discuss the details of your initial consultation. If you properly perfected all the required steps you can likely start a foreclose action on the lien, sue the surety on a bond or sue for collection and other remedies. Property owners and competing creditors may try to block your path, but if you followed the law, you will have placed yourself in a strong secured position against your adversaries. To learn how to secure all your receivables Click Here to set up an appointment with general counsel to discuss the details of securing your company’s entire receivables on private public and federal construction projects both in the USA or around the world.
Frequently Asked Questions
Does Wisconsin require a preliminary notice before filing a construction lien?
Yes — under Wis. Stat. § 779.02, sub-tier claimants must serve an IDENTIFICATION NOTICE on the property owner within 60 DAYS of first furnishing labor or materials to a Wisconsin construction project. The Identification Notice alerts the owner that the sub-tier claimant is on the project and preserves lien rights. Direct contractors in privity with the owner are exempt. Failure to serve within 60 days bars lien rights for any work furnished MORE than 60 days before the notice was actually served.
What is the Wisconsin Notice of Intent to Lien?
Under Wis. Stat. § 779.06, ALL claimants (direct contractors AND sub-tier claimants) must serve a NOTICE OF INTENT TO LIEN on the property owner at least 30 DAYS BEFORE filing the actual Claim of Lien. The NOI gives the owner 30 days to resolve the payment dispute before the lien hits the public record. Wisconsin is one of the few states that requires NOI from direct contractors as well as sub-tier claimants. Failure to serve the 30-day NOI bars the lien itself.
What is the deadline to file a Wisconsin construction lien?
Under Wis. Stat. § 779.06, the Claim of Lien must be filed with the Register of Deeds in the county where the property is located within 6 MONTHS after the date the claimant last furnished labor or materials to the project. The 30-day NOI must be served at least 30 days before filing — meaning practical filing happens between 30 days and 6 months from last furnishing. Missing the 6-month deadline permanently bars the lien.
What is the deadline to file a Wisconsin construction lien foreclosure suit?
Under Wis. Stat. § 779.06(1), the foreclosure action on a Wisconsin construction lien must be commenced in circuit court within 2 YEARS after the date of filing the Claim of Lien. The 2-year foreclosure window provides extensive settlement runway — among the longer foreclosure deadlines in the U.S. However, 2 years is still a strict statute of limitations that cannot be tolled. Failure to file within 2 years extinguishes the lien.
Are attorney's fees recoverable on Wisconsin construction lien claims?
Yes — Wis. Stat. § 779.10 provides that the prevailing party on a Wisconsin construction lien claim may recover reasonable attorney's fees and costs. This fee-shifting is one of the stronger provisions in the Midwest construction-payment landscape. The fee-shifting cuts both ways: prevailing claimants recover fees, but unsuccessful claimants may owe the owner's fees. The combined remedy makes Wisconsin one of the more claimant-friendly states for construction-payment recovery.
What contents are required on a Wisconsin Claim of Lien?
Under Wis. Stat. § 779.06, the Claim of Lien must contain: (1) a verified statement of the claim; (2) the name of the owner or reputed owner; (3) the name of the party who employed or hired the claimant; (4) a description of the property sufficient for identification; (5) the dates of first and last furnishing; (6) a description of the labor or materials furnished; (7) the amount claimed after credits. Verification (sworn affidavit) is mandatory.
How does National Lien & Bond help with Wisconsin construction liens?
National Lien & Bond files Wisconsin construction liens for unpaid contractors, subcontractors, suppliers, and equipment lessors. For Illinois-based engagements, Hal Emalfarb's firm at Emalfarb Swan and Bain handles strategic coordination. For Wisconsin-jurisdiction matters, NLB connects unpaid contractors with vetted Wisconsin construction-payment attorneys who handle the 60-day Identification Notice service under Wis. Stat. § 779.02, the 30-day NOI service under § 779.06, the 6-month Claim of Lien filing under § 779.06, and the 2-year foreclosure suit. NLB's 50-state deadline-tracking system prevents the missed-deadline forfeitures that cause most Wisconsin lien losses. Contact NLB for a free initial consultation.