Wisconsin

Wisconsin mechanics’ lien deadlines

Statutory summary — attorney verification in progress. Confirm before relying on any date.

Filing deadline

Claim for Lien filed with the Clerk of Circuit Court of the county where the land lies (each county, if the project spans several) no later than 6 months after the claimant's last furnishing of labor/services/materials/plans, and no sooner than 30 days after serving the Notice of Intention. Punch-list and warranty work do not extend the trigger. The claim must attach copies of the earlier notices; signed by claimant/attorney/agent but not verified.

Notice prerequisites

On smaller residential jobs (4 family units or fewer, wholly residential), the prime contractor must put a statutory lien-rights notice (8-pt bold/caps) in the written owner contract, or serve a separate Prime Contractor Notice of Lien Rights within 10 days if the deal is oral. Subcontractors on such jobs serve two signed copies of a Subcontractor Identification Notice on the owner within 60 days of first furnishing; late notice covers only later-supplied work. Exemptions: laborers, direct owner contracts, projects over 4 units, and any partly/wholly nonresidential project. Separately, every claimant must serve a Notice of Intention to File Claim for Lien at least 30 days before filing the lien - effectively within 5 months of last furnishing.

Service on the owner

Notice of Intention served on the owner 30+ days pre-filing; then a copy of the filed Claim for Lien must be served on the owner within 30 days after filing. Service methods: personal, registered/certified mail, summons-style service, or any delivery with written confirmation.

Enforcement

Foreclosure action within 2 years after the Claim for Lien is filed, brought in the county of filing; filing a lis pendens with the Register of Deeds at commencement is recommended.

Wis. Stats. ch. 779 (esp. 779.01, 779.02, 779.035-.036, 779.06, 779.08); slander of title 706.13; theft 943.20.

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