Construction Lien Claim - Wisconsin

CONSTRUCTION LIEN CLAIM

(State of Wisconsin)
Pursuant to Wis. Stat. § 779.06

FILING INFORMATION

Filing Requested By:

Name: [________________________________]

Address: [________________________________]

Return Filed Copy To:

Name: [________________________________]

Address: [________________________________]

City/State/ZIP: [________________________________]

I. CLAIMANT INFORMATION

II. PROPERTY OWNER INFORMATION

III. PRIME CONTRACTOR INFORMATION

IV. HIRING PARTY INFORMATION (If Different from Owner or Prime Contractor)

V. PROPERTY DESCRIPTION

Street Address of Improved Property: [________________________________]

City/Village/Town: [________________________________] County: [________________________________], Wisconsin

Legal Description:

[________________________________]
[________________________________]
[________________________________]

(Attach as Exhibit A if lengthy.)

Tax Key / Parcel Number: [________________________________]

VI. CONSTRUCTION LIEN CLAIM

The undersigned Claimant hereby claims a construction lien pursuant to Wis. Stat. § 779.01 against the above-described real property and improvements thereon, and states as follows:

A. Persons Entitled to Lien (Wis. Stat. § 779.01(2))

The Claimant is entitled to a lien as a person who:

☐ Performs, furnishes, or procures labor, services, materials, plans, or specifications used in the improvement under a contract with the owner (prime contractor)
☐ Subcontractor performing under a contract with the prime contractor
☐ Sub-subcontractor or supplier to a subcontractor
☐ Architect, professional engineer, or surveyor furnishing professional services
☐ Laborer
☐ Equipment rental provider
☐ Other: [________________________________]

B. Nature of Labor, Services, Materials, Plans, or Specifications Furnished

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]

C. Dates of Furnishing

D. Amount of Lien Claimed

VII. PRE-LIEN NOTICE COMPLIANCE

Wisconsin uses multiple notices at different stages. The § 779.02 notice may be excused by a statutory exception, but the § 779.06(2) notice of intent is a separate pre-filing requirement.

A. Preliminary Notice (Wis. Stat. § 779.02(2))

Prime Contractors:
If there is a written owner contract and the prime contractor will use subcontractors, suppliers, or service providers, the contract must include the § 779.02(2)(a) notice and the owner must receive a copy. Only when there is no written contract may the prime contractor use a separate notice served within 10 days after the first qualifying furnishing.

Subcontractors and Suppliers:
Must send a Preliminary Notice within 60 days after first providing labor, services, or materials.

☐ Claimant is a prime contractor with a written owner contract — statutory notice included and owner received a contract copy
☐ Claimant is a prime contractor without a written owner contract — separate statutory notice served within 10 days
☐ Claimant is a subcontractor/supplier — Preliminary Notice sent within 60 days of first furnishing
☐ A § 779.02(1) exception applies: [PARAGRAPH AND FACTS]

Date Preliminary Notice Given: [__/__/____]

Method of Delivery:
☐ Included in written contract
☐ Personal delivery
☐ Certified mail, return receipt requested
☐ Other delivery with the recipient's written confirmation

Document the actual service facts and have Wisconsin counsel confirm compliance; the choices above are records, not a statement that every listed method is sufficient in every circumstance.

B. Required Content of Preliminary Notice

☐ The exact current prime-contractor language in § 779.02(2)(a) was used
☐ The exact current non-prime language in § 779.02(2)(b) was used
☐ If non-prime, two signed copies were served on the owner or authorized agent at the last-known post-office address

VIII. NOTICE OF INTENT TO FILE LIEN (Wis. Stat. § 779.06(2))

A. Requirement

A Notice of Intent to File a Lien must be served on the owner at least 30 days before filing the actual lien claim.

☐ Notice of Intent was served on the owner at least 30 days before filing this lien

Date Notice of Intent Served: [__/__/____]

Method of Service:
☐ Personal delivery
☐ Certified mail, return receipt requested
☐ Registered mail
☐ Other method approved by Wisconsin counsel: [________________________________]

Tracking Number (if mailed): [________________________________]

B. Required Content

The Notice of Intent must contain:
☐ A statement of the intention to file a lien
☐ The amount of the claim
☐ A brief description of the nature of the claim
☐ The land and improvement to which it relates

C. Calculated Filing Date

Earliest Date Claimant May File Lien (30 days after Notice of Intent): [__/__/____]

IX. FILING DEADLINE COMPLIANCE

A. Six-Month Filing Deadline (Wis. Stat. § 779.06(1))

A construction lien must be filed within six (6) months from the date the lien claimant last performed, furnished, or procured labor, services, materials, plans, or specifications for the improvement.

NOTE: If the lien is not filed within six months, it ceases to exist and cannot be revived or amended.

☐ This lien is being filed within the six-month deadline
☐ This lien is being filed at least 30 days after the Notice of Intent was served

X. POST-FILING NOTICE TO OWNER (Wis. Stat. § 779.06(1))

Within 30 days after filing this lien claim, the Claimant must serve a copy on the owner of the property.

Date Copy Served on Owner: [__/__/____]

Method of Service:
☐ Personal delivery
☐ Registered mail
☐ Other method approved by Wisconsin counsel: [________________________________]

Tracking Number (if mailed): [________________________________]

XI. REQUIRED CONTENT OF LIEN CLAIM (Wis. Stat. § 779.06(3))

Before filing, confirm that the actual filing packet contains every item required by Wis. Stat. § 779.06(3):

☐ A statement of the contract or demand on which the claim is founded
☐ The name of the person against whom the demand is claimed
☐ The claimant's name and any assignee
☐ The last qualifying furnishing date
☐ A legal description of the property
☐ The amount claimed and other material facts
☐ A copy of every notice given under § 779.02, or counsel's documented conclusion that no such notice was required
☐ A copy of the § 779.06(2) notice of intent

XII. SIGNATURE

Wis. Stat. § 779.06(3) requires the claimant or attorney to sign the claim document and states that it need not be verified.

I, [________________________________], being the ☐ Claimant ☐ Authorized Officer ☐ Authorized Agent of the Claimant, sign this claim and state that:

1. I have read the foregoing Construction Lien Claim and know the contents thereof;
2. The statements contained herein are true to the best of my knowledge;
3. The amount claimed is a just and true amount due after deducting all just credits and offsets;
4. The labor, services, materials, plans, and/or specifications described herein were actually furnished for the improvement of the above-described property;
5. A Preliminary Notice was given as required by Wis. Stat. § 779.02;
6. A Notice of Intent to File a Lien was served at least 30 days before filing per Wis. Stat. § 779.06(2); and
7. This lien claim is filed within the time required by Wis. Stat. § 779.06(1).

Signature: ________________________________

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

XIII. OPTIONAL NOTARY ACKNOWLEDGMENT

STATE OF WISCONSIN
County of [________________________________]

Subscribed and sworn to before me on this [____] day of [________________________________], 20[____], by [________________________________], who is personally known to me or who produced [________________________________] as identification.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

(SEAL)

XIV. FILING INSTRUCTIONS AND KEY DEADLINES

A. Where to File

File this Construction Lien Claim with the Clerk of Circuit Court in the county where the improved real property is located.

B. Critical Deadlines Summary

C. Filing Fees

Contact the [________________________________] County Clerk of Circuit Court for current filing fees.

XV. PRIORITY AND DISTRIBUTION REVIEW

Priority against mortgages and other interests depends on Wis. Stat. ch. 779 and the project's title facts. Obtain a current title search and a Wisconsin-counsel priority analysis.

Wis. Stat. § 779.11 provides that lien claimants established in the foreclosure action are paid without priority among themselves from sale proceeds.

XVI. LIEN RELEASE AND BONDING PROVISIONS

A. Release or Substitute Security (Wis. Stat. § 779.08)

Use the clerk-of-court procedure in Wis. Stat. § 779.08 to release the land from the claim or substitute approved security.

B. Undertaking or Deposit

The person against whom the lien is claimed or another interested party may file an undertaking with the clerk holding the lien claim, or deposit money, a certified check, or negotiable government bonds with par value equal to 125% of the lien claim. Court approval controls substitution and removal from the judgment and lien docket.

XVII. ENFORCEMENT

A. Enforcement Deadline (Wis. Stat. § 779.06(1))

An action to foreclose the construction lien must be commenced within two (2) years from the date the lien claim was filed. Failure to file suit within two years extinguishes the lien.

B. Foreclosure Procedure

Foreclosure procedure and parties are governed by Wis. Stat. § 779.09. Counsel should separately determine any lis-pendens requirement under current Wisconsin procedure.

C. Court of Jurisdiction

Enforcement actions are filed in the Wisconsin Circuit Court for the county in which the property is situated.

XVIII. PRACTICE NOTES

1. Separate Notice Stages. When § 779.02 applies, it is separate from the § 779.06(2) notice of intent and the § 779.06(1) service of the filed claim.

2. Six-Month Filing Window. The six-month deadline from last furnishing is strictly enforced. No extensions are available.

3. 30-Day Wait After Notice of Intent. You cannot file the lien until at least 30 days after serving the Notice of Intent. Plan ahead to avoid being squeezed between the 30-day wait and the six-month deadline.

4. Foreclosure Procedure. Use § 779.09 and current Wisconsin civil procedure rather than treating § 779.07 as a lis-pendens statute.

5. Dwelling Contractor Certification. For residential construction (dwellings), the contractor must be certified under Wis. Stat. § 101.654. Uncertified contractors may lose lien rights.

6. Pro Rata Distribution. If the property's value is insufficient to cover all liens, they share pro rata. There is no "first to file" priority among lien claimants.

7. Preliminary Notice Must Include Statutory Language. Ensure the Preliminary Notice contains the exact warning language required by statute.

SOURCES AND REFERENCES

• Wis. Stat. ch. 779 — Liens: https://docs.legis.wisconsin.gov/statutes/statutes/779
• Wis. Stat. § 779.02 — Notices: https://docs.legis.wisconsin.gov/document/statutes/779.02?view=section
• Wis. Stat. § 779.04 — Assignment: https://docs.legis.wisconsin.gov/document/statutes/779.04
• Wis. Stat. § 779.06 — Filing claim and beginning action: https://docs.legis.wisconsin.gov/document/statutes/779.06?view=section

This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Wisconsin should review and customize this document before use. Filing deadlines are strictly enforced; missing a deadline may result in permanent loss of lien rights.