How to File a Mechanic’s Lien in Wisconsin: A Step-by-Step Guide

Filing a mechanic’s lien in Wisconsin is a legal process that ensures contractors, subcontractors, and suppliers receive payment for their work or materials provided on a construction project. This guide outlines the essential steps to file a mechanic’s lien in Wisconsin, helping you navigate the process effectively.

1. Determine Eligibility

Before filing a mechanic’s lien, ensure you are eligible. In Wisconsin, anyone who provides labor, materials, or services for the improvement of real property can file a mechanic’s lien. Wis. Stat. 779.01(3). This includes contractors, subcontractors, suppliers, and design professionals such as architects and engineers.

2. Send Preliminary Notice

With some exception, Wisconsin law requires certain parties to send a preliminary notice to the property owner. Wis. Stat. 779.02(2). The content and even the number of copies that must be served on the landowner are strictly controlled by the statute. The deadlines for sending preliminary notices differ depending upon the services that are being provided to the owner, for example:

• Prime Contractors: Must include the Notice within the written contract with the owner of the property that will be improved, or, if there is no written contract, a Notice of Lien Rights within 10 days from the start of the project.
• Subcontractors and Suppliers: Must send a Preliminary Notice within 60 days after first providing labor or materials.

Under certain conditions, a late notice can be provided by parties that are not prime contractors. Wis. Stat. 779.02(3).

3. Notice of Intent to Lien

If payment is not received after work has been completed or materials have been provided, you must provide another notice prior to filing the mechanic’s lien. This Notice of Intent to File a Lien Claim to the property owner. Wis. Stat. 779.06(2). This notice must be sent at least 30 days before filing the actual lien. Again, the content required by the notice is controlled by the statute.

4. Prepare the Lien Claim

When preparing your lien claim, ensure it includes the following information (Wis. Stat. 779.06(3)):

• Your Name and Address: The claimant’s contact information.
• Property Owner’s Name and Address: The property owner’s contact information.
• Copies of the Preliminary Notice and the Intent to File a Lien Claim that were served previously.
• Description of the Work or Materials Provided: A detailed description of the labor or materials supplied, including the last date of performing, furhishing, or procuring any labor, services, materials, plans, or specifications.
• The Identity of Party Against Whom the Lien is Claimed:  The party that has not paid you for your services and/or materials.
• Amount Owed: The total amount due for the work or materials provided.
• Property Description: A legal description of the property where the work was performed.
• Signed by the Claimant (or an Attorney representative).

5. File the Lien

File the completed lien claim with the clerk of the circuit court where the property is located. You must ensure you follow the specific filing requirements of the county clerk’s office. Wis. Stat. 779.07.

6. Serve the Lien

After filing the lien, you must serve a copy of the lien claim to the property owner. Wis. Stat. 779.06(1). There are strict time limits for providing the notice that the lien has been filed.

7. Enforce the Lien

If the debt remains unpaid, you may need to enforce the lien through legal action. Wis. Stat. 779.06(1). In Wisconsin there is a time limit for filing the lawsuit. Failure to file a timely lawsuit will result in the lien becoming unenforceable.

Filing a mechanic’s lien in Wisconsin involves several critical steps, from determining eligibility to enforcing the lien through legal action. For more detailed information and assistance, consider consulting with a legal professional experienced in Wisconsin’s mechanic’s lien laws. The business lawyers at Halling & Cayo, S.C. have decades of experience helping people just like you get paid for their work. Call and speak to one of our experienced attorneys today.