Mechanic’s Lien Summary for Contractors in Wisconsin

1. If you (prime contractor) have a direct contract with the owner of residential property, you must generally serve the owner with a pre-lien notice. If you do not have a direct contract with the owner of residential property but are a subcontractor of the prime contractor, you must generally serve the owner with a pre-lien notice. The pre-lien notice must be in a specific form required byWisconsin law.
2. The notice is not required if:
   1. You are the prime contractor but do not have any subcontractors or material suppliers; OR
   2. You are employed by (not a subcontractor of) the prime contractor or one of its subcontractors; OR
   3. The property is wholly or partly non-residential; OR
   4. The property is residential and the improvement consists of or provides for more than 4 family units; OR
   5. You are a subcontractor and the prime contractor is the owner of the property (or an owner, officer or controlling shareholder of the owner); OR
   6. You are a subcontractor and the prime contractor is not required to give a pre-lien notice.
3. GENERALLY, IT IS A GOOD IDEA TO ALWAYS PROVIDE THE PRE-LIEN NOTICE.
4. The pre-lien notice must:
   1. For direct contractors, be in the written contract, or if no written contract, served in writing on the property owner to the owner within 10 days of contracting.
   2. For subcontractors, be served in writing in duplicate on the property owner within 60 days of your first item of labor, skill or material furnished to the property; and
   3. In both cases, be in 8 point bold and capital type.
   4. In both cases, service means personal delivery, certified or registered mail or acknowledged in writing by the recipient that it has been received.
5. Failure to timely serve a pre-lien notice can be corrected with a late service but the lien only attaches for work done after late service is accomplished.

Notice of Intent to File a Lien

The owner of the property must be served at least 30 days before recording a Lien Claim (below) with a Notice of Intent to File a Lien. The notice must describe the nature of the claim, its amount and identify the property to which it relates. Service means personal delivery, certified or registered mail or acknowledged in writing by the recipient that it has been received.

Mechanic’s Lien Claim

The Lien Claim must be filed with the clerk of circuit court in the county where the property is located within 6 months of the last day you firnished labor, skill or material to the property. The Lien Claim must be served on the property owner within 30 days from when it is recorded. Should you need to file a Lien Claim, it is a good idea to contact your legal counsel as soon as possible. Lien Claims must be in a specified form and must be served on all persons/entities holding an ownership interest in the property. Service means personal delivery, certified or registered mail or acknowledged in writing by the recipient that it has been received.

Mechanic’s Lien Foreclosure

A Foreclosure action to foreclose on your Mechanics Lien must be brought within 2 year of the date you filed your Mechanic’s Lien Claim. Should you need to bring such an action, it is a good idea to contact your legal counsel as soon as possible.

Terms of Use for this Summary Guide

This information is being provided as general educational materials by Alden Pearson, P.A. It is not specific legal advice to you and does not create an attorney-client relationship. We encourage you to obtain competent legal advice from an attorney in determining how you will be affected by Wisconsin lien laws.

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