Getting Paid for Your Work: Subcontractor’s Lien Rights

A Guide to Wisconsin Construction Lien Law

If you are a subcontractor or supplier of construction materials, it’s important to understand the laws in Chapter 779 of the Wisconsin Statutes about construction liens for building and remodeling projects. If subcontractors or material suppliers don’t get paid for their work, they can place a lien on the property to secure payment. Once the lien is “perfected,” it acts like a mortgage on the property.

Notice Requirements

To assert a lien, claimants must give the property owner a notice of their lien rights before or at the time of providing services or materials. They must file their lien claim in circuit court within six months after their last work or delivery. Before filing, they must serve the property owner with a notice of intent to file a lien claim at least 30 days before filing. To enforce the lien, they must file a lawsuit within two years of filing the lien claim.

Title Search

Before starting a lien foreclosure action, it’s crucial to search the property’s title record to check for other creditors with superior claims. Also, identify the true owner of the property to name the correct defendant in the notice and lien foreclosure action. You can do this through a search with the local Register of Deeds.

Using Construction Liens

If you’re a contractor, subcontractor, or supplier, consider using a construction lien to protect against non-payment. Perfecting construction liens is complex and involves many notice requirements and legal variables. It’s best to hire an experienced attorney to help navigate this process.

The business litigation attorneys at Halling & Cayo, S.C. have decades of experience helping people and businesses to get paid for the work that they have done. Contact our office today for a free consultation.