Mechanics liens

Wisconsin mechanics lien law and deadlines

Wisconsin subs and suppliers on small residential jobs must notify the owner within 60 days of first work. Every claimant must serve a notice of intent at least 30 days before filing, file the claim within 6 months of last work, and sue within 2 years.

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Wisconsin calls it the construction lien law (Wis. Stat. ch. 779, subchapter I). The core deadlines are in § 779.06: file your claim for lien with the clerk of circuit court within 6 months after you last performed or furnished labor, materials, or services; serve the owner with a written notice of intent at least 30 days before that filing; serve a copy of the filed claim on the owner within 30 days after filing; and bring suit within 2 years of filing. On top of that, § 779.02 requires early notices on many residential jobs, and missing them can wipe out the lien before you ever get to § 779.06.

Wisconsin construction lien deadlines at a glance
StepDeadline or ruleWis. Stat.
Prime contractor notice to ownerIn the written contract, or served within 10 days after first work if there is no written contract§ 779.02(2)(a)
Sub or supplier notice to ownerWithin 60 days after first performing or furnishing, in 2 signed copies§ 779.02(2)(b)
Notice of intent to fileServed on the owner at least 30 days before the claim is filed§ 779.06(2)
Claim for lienFiled with the clerk of circuit court within 6 months after last labor or materials§ 779.06(1)
Copy of claim to ownerServed within 30 days after filing§ 779.06(1)
Foreclosure suitSummons and complaint filed within 2 years from filing the claim§ 779.06(1)
Public projectsNo lien on the property; payment bond and lien on funds instead§§ 779.14, 779.15

Who has lien rights in Wisconsin

Section 779.01(3) gives a lien to any person who performs, furnishes, or procures work, labor, services, materials, plans, or specifications used for improving land, as long as it complies with § 779.02. The definitions are broad. "Prime contractor" includes architects, professional engineers, construction managers, and surveyors hired by the owner, and "materials" includes tools, equipment, machinery, vehicles, fuel, and energy. Subs and suppliers at any tier can claim. The lien attaches to the owner's interest in the land, and if the improvement sits on platted lots, only to the lots it is on.

Preliminary notices: who sends them and when

Wisconsin's preliminary notice system has two parts. First, a prime contractor that will use subs or suppliers must put the statutory lien notice into its written contract with the owner and give the owner a copy. With no written contract, it serves the notice separately within 10 days after first work. The notice must be in at least 8-point bold type if printed, or capital letters if typed, and § 779.02(2)(a) prints the required wording. A prime that skips it loses its own lien unless it pays every sub and supplier on time and none of them gives notice.

Second, every other claimant (subs, sub-subs, suppliers) must serve a written notice on the owner within 60 days after first furnishing labor or materials, in two signed copies, at the owner's last known post office address. The owner then has 10 days to pass a copy to its construction lender. Late notice is not fatal: under § 779.02(3), a late but proper notice protects work furnished after the owner actually receives it.

When the early notices are not required

  • Laborers employed by a prime contractor or sub.
  • Claimants who contract directly with the owner (other than a prime that owes the § 779.02(2)(a) notice).
  • Projects adding more than 4 family living units when the work is wholly residential, and any project that is partly or wholly nonresidential.
  • Subs and suppliers on a project where the prime contractor itself is not required to give notice.

So on a commercial tenant buildout or a 40-unit apartment building, the 60-day notice generally does not apply. On a kitchen remodel or a new single-family home, it does. The 30-day notice of intent under § 779.06(2) applies either way.

Notice of intent, filing, and suit

Before filing, serve the owner with a written notice of intent to lien at least 30 days ahead. It briefly describes the claim, the amount, and the land and improvement. Because the claim itself is due 6 months after your last work, the practical deadline for the intent notice is about 5 months out. The claim for lien goes to the clerk of circuit court in the county where the land lies. It attaches copies of your § 779.02 notice and your notice of intent, and states the contract, the debtor, the claimant, the last date of work, a legal description, and the amount. It is signed by you or your attorney and does not need to be verified.

Example: a framing sub last worked on a new house on April 10 and is owed $28,500. The claim must be filed by October 10, so the notice of intent has to be served no later than September 10. Waiting until fall to send the first demand letter leaves almost no room.

Lien waivers in Wisconsin

There is no statutory lien waiver form, but § 779.05 sets strict rules for any waiver you sign. A signed waiver is binding whether or not you were paid for it, and whether you sign before or after the work. Unless the document specifically and expressly limits itself to a particular portion of the work, it is treated as waiving all lien rights on that improvement, including work you have not done yet, and any ambiguity is read against the signer. You may refuse to give a waiver until paid in full for the work it covers. Write the dollar amount or the billing period on every partial lien waiver.

Private payment bonds and public projects

Wisconsin lets a private owner remove lien rights below the prime contractor. Under §§ 779.03(2) and 779.035, if the prime contract calls for the prime to pay all claims and the prime posts a payment bond from a licensed surety for at least the contract price, approved by the owner and the construction lender, liens other than the prime's do not exist. Claimants then follow the bond procedures in §§ 779.035 and 779.036 instead.

On public works, § 779.14 is Wisconsin's Little Miller Act. Public contracts of $10,000 or more must require the prime to pay all claims, and payment and performance bond or assurance requirements scale with contract price and owner type. Section 779.15 also gives subs and suppliers (outside 1st class cities) a lien on money due the prime, if they serve written notice of the claim on the public body before it pays the prime. Check the contract's bond terms early on any public job.

Related Wisconsin rules: Wisconsin prompt payment, Wisconsin prevailing wage, and Wisconsin contractor licensing. Smart Business Automator keeps first and last work dates, notices sent, and waivers signed on every job, which feeds the follow-up in construction accounts receivable automation.

Frequently asked questions

How long do I have to file a construction lien in Wisconsin?

The claim for lien must be filed with the clerk of circuit court within 6 months after you last performed or furnished labor, services, or materials, and you must serve a notice of intent at least 30 days before filing.

Does Wisconsin require a preliminary notice?

Often. Prime contractors give a lien notice in the owner contract, and subs and suppliers serve the owner within 60 days of first work. These notices are not required on projects adding more than 4 residential units or on nonresidential projects.

How long does a Wisconsin lien last?

You must file the summons and complaint to foreclose within 2 years from the date the claim for lien was filed.

Can a Wisconsin lien waiver cover future work?

Yes. Under § 779.05 a waiver covers all work on the improvement, past and future, unless it specifically and expressly limits itself to a particular portion, so state the amount or period on every partial waiver.

Can I lien a public project in Wisconsin?

No lien attaches to the public property. You claim against the payment bond under § 779.14 or serve a lien on the money due the prime contractor under § 779.15.

Sources

  1. Wisconsin Legislature: Wis. Stat. ch. 779, Liens (PDF, published 10-1-26)
  2. Wisconsin Legislature: Chapter 779 table of sections

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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