Mechanic's Lien Deadlines & Notice Requirements in Wisconsin

At a glance

Requirements one by one

Who can claim

Section 779.01(1) calls this subchapter the construction lien law. Section 779.01(3) gives a lien to a person who performs, furnishes, or procures work, labor, services, materials, plans, or specifications for an improvement and complies with § 779.02. The definition of prime contractor in § 779.01(2) includes an architect, engineer, construction manager, or surveyor hired by the owner. A laborer is excluded from that definition.

Preliminary notice

The prime contractor's notice under § 779.02(2)(a) applies when the prime has contracted or will contract with subcontractors, suppliers, or service providers. On a covered project, it belongs in the written owner contract. If there is no written contract, the prime serves it within 10 days after work first begins. A nonexempt claimant other than a prime serves two signed copies on the owner or authorized agent within 60 days of first furnishing under § 779.02(2)(b).

The exemptions in § 779.02(1)(a)-(e) include laborers or mechanics employed by a prime or subcontractor and direct owner contractors other than a covered prime. The two early-notice routes appear in § 779.02(2)(a)-(b). Under § 779.02(3), a late but otherwise proper downstream notice saves only labor or materials furnished after the owner actually receives it. A covered prime's failure has a different consequence and limited cure conditions in § 779.02(2)(c).

Deadline to file the lien

Section 779.06(1) requires filing with the clerk of circuit court of the county where the land lies within 6 months after the claimant's last furnishing. The claim must include the contract or demand, claimant and opposing party, last furnishing date, legal property description, and amount. Copies of notices required by §§ 779.02 and 779.06(2) attach to it under § 779.06(3).

Serving the lien on the owner

Section 779.06(1) gives the claimant 30 days after filing to serve the owner a copy of the filed claim. Under the definition in § 779.01(2)(e), service can be personal delivery, registered or certified mail, service as for a summons, or another delivery method the recipient confirms in writing.

Deadline to sue to foreclose

Under § 779.06(1), an enforcement action must be brought and its summons and complaint filed within 2 years after the lien claim is filed. Section 779.09 applies the foreclosure procedures of Chapter 846 as far as applicable and allows other claimants with filed liens to join or be named as defendants.

Homestead or residential rules

Section 779.02(1)(c) exempts work adding more than 4 family living units on a wholly residential project, and work on any partly or wholly nonresidential project, from the early notice requirement. A smaller wholly residential project may require early notice, depending on the claimant's role. The separate prefiling notice of intent under § 779.06(2) still applies.

What trips people up

The notice of intent is independent of the early notice: § 779.06(2) requires it at least 30 days before a timely lien filing whether or not § 779.02 required an earlier notice. A claimant must leave room for that 30-day interval before the 6-month filing deadline. The statute separately requires a copy of the filed claim to be served on the owner within 30 days after filing.

Common questions

Does a solo prime contractor have to give the early notice? Section 779.02(2)(a) reaches a prime that has contracted or will contract with subcontractors, suppliers, or service providers. The prime should also check whether a project or ownership exemption in § 779.02(1) applies.

Does a late 60-day notice erase all downstream lien rights? Section 779.02(3) preserves rights for work furnished after the owner actually receives a late but otherwise proper notice; the claimant bears the burden of proving that timing.

Can the owner shorten filing time with a notice of completion? Section 779.06(1) measures the 6-month period from the claimant's last labor, services, materials, plans, or specifications. It does not set a shorter period triggered by an owner notice of completion.

Statutes and sources

• Wis. Stat. § 779.01(1) (name of the subchapter) — https://docs.legis.wisconsin.gov/document/statutes/779.01 (accessed 2026-10-06)
• Wis. Stat. § 779.01(2) (definitions: improvement, lien claimant, owner, prime contractor) — https://docs.legis.wisconsin.gov/document/statutes/779.01 (accessed 2026-10-06)
• Wis. Stat. § 779.01(2)(e) (service methods) — https://docs.legis.wisconsin.gov/document/statutes/779.01 (accessed 2026-10-06)
• Wis. Stat. § 779.01(3) (extent and character of lien) — https://docs.legis.wisconsin.gov/document/statutes/779.01 (accessed 2026-10-06)
• Wis. Stat. § 779.02(1) (exceptions to the notice requirement) — https://docs.legis.wisconsin.gov/document/statutes/779.02?view=section (accessed 2026-10-06)
• Wis. Stat. § 779.02(2) (prime contractor and other-claimant notice) — https://docs.legis.wisconsin.gov/document/statutes/779.02?view=section (accessed 2026-10-06)
• Wis. Stat. § 779.02(2)(c), (3) (prime notice failure and late downstream notice) — https://docs.legis.wisconsin.gov/document/statutes/779.02 (accessed 2026-10-06)
• Wis. Stat. § 779.06(1) (6-month filing deadline; service on owner; 2-year foreclosure deadline) — https://docs.legis.wisconsin.gov/document/statutes/779.06?view=section (accessed 2026-10-06)
• Wis. Stat. § 779.06(2) (30-day notice of intent to file) — https://docs.legis.wisconsin.gov/document/statutes/779.06?view=section (accessed 2026-10-06)
• Wis. Stat. § 779.06(3) (contents of the claim for lien) — https://docs.legis.wisconsin.gov/document/statutes/779.06?view=section (accessed 2026-10-06)
• Wis. Stat. § 779.09 (foreclosure procedure and parties) — https://docs.legis.wisconsin.gov/document/statutes/779.09 (accessed 2026-10-06)