Subcontractor Lien Claims in Wisconsin

Wisconsin law authorizes subcontractors to use a mechanic's lien to place a block or burden on a property owner's title if they have not been paid for labor, materials, or equipment provided. Mechanic's liens are governed under Chapter 779 of the Wisconsin legislative code.

To claim a lien, the subcontractor must file a claim of lien form 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 sub performed, furnished, or procured labor, services, materials, plans, or specifications. Id

The subcontractor 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 sub has first 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 sub has been required to and has given any previous notice. Id. The notice must briefly describe the nature of the claim, its amount and the land and improvement to which it relates. Id

The subcontractor's claim must have any previously served preliminary notice attached. WIS. STAT. 779.06(3). The claim must also 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. Id. 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 an attorney with questions about filing a subcontractor's claim for a mechanic's lien, or any other issues related to liens in Wisconsin.

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