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Wisconsin Mechanics Lien

File a Wisconsin construction lien to secure payment for unpaid work. Learn the 30-day notice of intent, the six-month filing deadline, and enforcement.

Introduction

A Wisconsin mechanics lien, known as a construction lien, is a legal claim filed against real property by a contractor, subcontractor, or supplier who improved the property and was not paid. Once perfected, the lien attaches to the property, clouds the title, and can be enforced by a court-ordered sale. That security is what gives the lien its leverage, and Wisconsin grants the right in Chapter 779. The lien only works if you perfect it on time. On many projects a prime contractor and a subcontractor each owe the owner an early notice, and every claimant must serve a notice of intent at least 30 days before filing. You file the claim for lien with the clerk of circuit court within six months after you last furnish labor, services, or materials, and must sue to enforce within two years of filing. DocDraft prepares a Wisconsin construction lien and its notices from your project details, and attorney review is available before you file.

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Key Things to Know

  1. 1

    A Wisconsin construction lien secures payment against the improved property. Contractors, subcontractors, suppliers, and others who furnished labor, services, materials, plans, or specifications to improve real property and were not paid can claim one under Chapter 779.

  2. 2

    Notice rules apply on both ends. A prime contractor gives the owner a written notice in the contract or within 10 days of first furnishing. Under section 779.02, a subcontractor not in privity with the owner serves the owner within 60 days of first furnishing.

  3. 3

    The filing deadline is six months. Under section 779.06 you file the claim for lien with the clerk of circuit court within six months from the date you last performed, furnished, or procured labor, services, materials, plans, or specifications.

  4. 4

    You have two years to enforce. Section 779.06 requires you to bring an action and file the summons and complaint within two years from the date you filed the claim for lien, or the lien no longer holds.

  5. 5

    Wisconsin reads these rules strictly. Missing the required owner notices, the 30-day notice of intent, the six-month filing window, or the two-year deadline to sue generally forfeits the lien, though a contract claim for the debt may remain.

  6. 6

    The statute prescribes specific language. Section 779.02 sets out bold, capitalized owner-notice wording that must be used, and section 779.06 lists the required contents of the claim for lien, including the property, the amount, and the dates.

  7. 7

    Wisconsin adds a notice of intent and a residential focus. Every claimant must serve the owner a notice of intent at least 30 days before filing, and the owner-notice rules aim at residential jobs; projects over four family dwelling units are exempt.

Key decisions before you file

Before you file a Mechanics Lien in Wisconsin, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.

Open the Mechanics Lien guide

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Wisconsin Requirements for Mechanics Lien

  • Wisconsin Filing Deadline and Office

    File the Wisconsin mechanics lien in the correct office, a county recorder or court as Wisconsin requires, within the state's deadline after you last furnish labor or materials. Wisconsin applies the deadline strictly, so filing late or in the wrong office can void the lien.

Frequently Asked Questions