Construction Lien Claim

CONSTRUCTION LIEN CLAIM

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

RECORDING INFORMATION

Recording Requested By:

Name: [________________________________]

Address: [________________________________]

When Recorded, Return 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 requires multiple notices at different stages. Failure to comply may extinguish lien rights.

A. Preliminary Notice (Wis. Stat. § 779.02(1))

Prime Contractors:
Must include a "Preliminary Notice" in either the initial written contract with the owner OR deliver it to the owner within 10 days of first providing labor, services, materials, plans, or specifications.

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

☐ Claimant is a prime contractor — Preliminary Notice included in contract or delivered within 10 days
☐ Claimant is a subcontractor/supplier — Preliminary Notice sent within 60 days of first furnishing
☐ Other: [________________________________]

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

Method of Delivery:
☐ Included in written contract
☐ Personal delivery
☐ Certified mail, return receipt requested
☐ First-class mail

B. Required Content of Preliminary Notice

The Preliminary Notice must include:
☐ The name and address of the claimant
☐ The nature of the work to be performed or materials to be furnished
☐ A statement that the claimant may file a lien if not paid
☐ The statutory warning language required by Wis. Stat. § 779.02(1)

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

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
☐ The name of the person who contracted with the claimant
☐ A description of the property

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(3))

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
☐ Certified mail, return receipt requested
☐ Registered mail

Tracking Number (if mailed): [________________________________]

XI. REQUIRED CONTENT OF LIEN CLAIM (Wis. Stat. § 779.06(1))

Pursuant to Wis. Stat. § 779.06(1), this lien claim document contains:

☐ A statement of the claim, giving the amount claimed
☐ The name of the person against whose interest the lien is claimed
☐ A description of the property to which the lien is attached, sufficient for identification
☐ The name of the person with whom the claimant contracted
☐ A statement of the dates when labor, services, or materials were first and last furnished

XII. VERIFICATION

Claimant's Sworn Statement

I, [________________________________], being the ☐ Claimant ☐ Authorized Officer ☐ Authorized Agent of the Claimant, do hereby state under oath 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. 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 Register of Deeds in the county where the improved real property is located.

B. Critical Deadlines Summary

C. Recording Fees

Contact the [________________________________] County Register of Deeds for current recording fees.

XV. LIEN PRIORITY (Wis. Stat. § 779.08)

A. General Priority Rules

Under Wis. Stat. § 779.08:

• Construction liens have priority over all liens, mortgages, and other encumbrances that attach after the commencement of the visible improvement
• Construction liens are subordinate to recorded mortgages and encumbrances existing before the commencement of visible improvement
• All construction liens on the same project are on equal footing with each other (pro rata distribution if funds are insufficient)

B. Exception for Construction Mortgages

A construction mortgage may be given priority over mechanics liens if properly recorded before commencement of the improvement, even if funds are disbursed after commencement.

XVI. LIEN RELEASE AND BONDING PROVISIONS

A. Release of Lien (Wis. Stat. § 779.09)

Upon full payment of the lien claim (including interest and costs), the Claimant must file a release of lien with the Register of Deeds.

B. Bond to Release Lien (Wis. Stat. § 779.09(2))

The owner or any interested party may file a surety bond to release the property from the lien. The bond must be:

• In an amount not less than 125% of the lien claim amount
• Conditioned upon payment of any judgment in favor of the lien claimant
• Filed with the Register of Deeds

C. Remedies of Subcontractor (Wis. Stat. § 779.10)

A subcontractor who has given the required notices may also assert a claim directly against the owner for amounts due from the prime contractor.

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. Lis Pendens (Wis. Stat. § 779.07)

Upon commencement of a lien enforcement action, the claimant must file a lis pendens with the Register of Deeds. The lis pendens is mandatory in Wisconsin lien enforcement actions.

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. Three Notices Required. Wisconsin requires (1) Preliminary Notice, (2) Notice of Intent to File Lien (30 days before filing), and (3) Post-filing Notice to Owner (within 30 days after filing). Missing any one can be fatal to lien rights.

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. Lis Pendens is Mandatory. Wisconsin explicitly requires a lis pendens when commencing a foreclosure action. Do not forget this step.

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. § 779.06 — Filing Claim and Beginning Action (Justia): https://law.justia.com/codes/wisconsin/chapter-779/section-779-06/
• Wisconsin Mechanics Lien Guide (Levelset): https://www.levelset.com/mechanics-lien/wisconsin-lien-law-faqs/
• Wisconsin Construction Liens 101 (O'Neil Cannon): https://www.wilaw.com/wisconsin-construction-liens-101/

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.