Mechanics Lien Filing Package — Wisconsin

Mechanics Lien Filing Package (Wisconsin)

Quick-Reference Summary

Wis. Stat. § 779.06(1)-(2) conditions a construction lien on timely filing and on serving the owner a notice of intent at least 30 days before that filing, even if a preliminary notice was given.

Part A — Pre-Lien Notices

A-1. Preliminary Notice of Lien Rights (Wis. Stat. § 779.02(2))

Do not use one combined notice for every claimant. Attach the complete current prime-contractor language from § 779.02(2)(a) or the complete current non-prime language from § 779.02(2)(b), as applicable.

TO: [Owner Name]
[Owner Address]

FROM (Claimant):
Name: [________________________________]
Address: [________________________________]
Capacity: ☐ Prime contractor ☐ Subcontractor ☐ Supplier ☐ Design professional

NOTICE TO OWNER OF LIEN RIGHTS — WIS. STAT. § 779.02

Select the notice for the claimant's role. The following is the current language prescribed substantially by Wis. Stat. § 779.02(2)(a)–(b). Fill the date and property description in the non-prime notice. Print the prime notice in at least 8-point bold type, or use capital letters if typewritten, and give the owner a copy of the written contract containing it. Serve two signed copies of the non-prime notice on the owner or authorized agent.

Prime contractor — § 779.02(2)(a):

As required by the Wisconsin construction lien law, claimant hereby notifies owner that persons or companies performing, furnishing, or procuring labor, services, materials, plans, or specifications for the construction on owner's land may have lien rights on owner's land and buildings if not paid. Those entitled to lien rights, in addition to the undersigned claimant, are those who contract directly with the owner or those who give the owner notice within 60 days after they first perform, furnish, or procure labor, services, materials, plans or specifications for the construction. Accordingly, owner probably will receive notices from those who perform, furnish, or procure labor, services, materials, plans, or specifications for the construction, and should give a copy of each notice received to the mortgage lender, if any. Claimant agrees to cooperate with the owner and the owner's lender, if any, to see that all potential lien claimants are duly paid.

Non-prime claimant — § 779.02(2)(b):

As a part of your construction contract, your prime contractor or claimant has already advised you that those who perform, furnish, or procure labor, services, materials, plans, or specifications for the work will be notifying you. The undersigned first performed, furnished, or procured labor, services, materials, plans, or specifications on [date] for the improvement now under construction on your real estate at [legal description, street address or other clear description]. Please give your mortgage lender the extra copy of this notice within 10 days after you receive this, so your lender, too, will know that the undersigned is included in the job.

Project / Property: [________________________________]
First date of labor or materials furnished by claimant: [__/__/____]
Date of this notice: [__/__/____]

____________________________________
[Claimant Signature], [Title]

Proof of Service:

☐ Included in written owner contract, copy furnished to owner on [__/__/____]
☐ Two signed copies of non-prime notice served on [__/__/____]
☐ Hand-delivered to owner on [__/__/____]
☐ Sent by certified mail return receipt requested on [__/__/____] — Tracking No. [____]

A-2. Notice of Intent to File Claim for Lien (Wis. Stat. § 779.06(2))

TO: [Owner Name]
[Owner Address]

FROM (Claimant):
Name: [________________________________]
Address: [________________________________]

Re: Notice of Intent to File Claim for Construction Lien — [Property Address]

You are hereby notified, pursuant to Wisconsin Statute § 779.06(2), that the undersigned intends to file a Claim for Lien against the following real property. The claim will not be filed earlier than thirty (30) days after this notice is served on the owner. Payment or resolution of the claim may avoid filing.

1. Property and improvement:

Street address: [________________________________]
City: [________________________________] County: [________________________________]
Legal description (or tax key): [________________________________]
Nature of improvement: [________________________________]

2. Nature of claim:

[________________________________]

3. Amount claimed: $[____]

4. Period during which labor or materials were furnished:

From [__/__/____] through [__/__/____]

Date of this Notice: [__/__/____]

____________________________________
[Claimant Signature], [Title]

Proof of service (record the method used under Wis. Stat. § 779.01(2)(e)):

☐ Personal service on owner on [__/__/____] by [_______________________]
☐ Certified mail return receipt requested on [__/__/____] — Tracking No. [____]
☐ Other permitted method with written confirmation: [METHOD, DATE, AND EVIDENCE]

Optional affidavit of service: I, [________________________________], being duly sworn, state that I served the foregoing Notice of Intent as indicated.

____________________________________
Affiant Date: [__/__/____]

Subscribed and sworn before me this [____] day of [____________], [____].

____________________________________
Notary Public — Commission expires: [__/__/____]

Part B — Claim for Lien

STATE OF WISCONSIN — CIRCUIT COURT
[________________________________] COUNTY

CLAIM FOR LIEN

(Pursuant to Wis. Stat. § 779.06)

1. Claimant:

Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: WI ZIP: [____]
Phone: [________________________________]

2. Owner of the Property (as shown of record):

Name: [________________________________]
Address: [________________________________]

3. Person with whom claimant contracted (if not the owner):

Name: [________________________________]
Address: [________________________________]

4. Description of the property and improvement (a legal description is required; attach it as Exhibit A if lengthy):

Street address: [________________________________]
County: [________________________________]
Legal description / lot / block / parcel: [________________________________]
Tax key / parcel ID: [________________________________]
Improvement: [________________________________]

5. Statement of contract or demand upon which claim is founded:

[________________________________]

6. Itemized statement of labor and materials furnished, with dates:

7. Dates of furnishing:

First date: [__/__/____] Last date: [__/__/____]

8. Statutory deadline (6 months from last furnishing): [__/__/____]

9. Notice of Intent under § 779.06(2): Served on [__/__/____] by [PERMITTED METHOD]. Proof of service retained: [DESCRIBE].

10. Preliminary notice under § 779.02: ☐ Given on [__/__/____] ☐ Not required because [____].

Signed: ____________________________________
[Claimant or Attorney], [Title] Date: [__/__/____]

Optional verification:

State of Wisconsin, County of [________________________________], ss:

[________________________________], being duly sworn, deposes and states that he/she is the [position] of Claimant and is authorized to verify this Claim for Lien; that he/she has read the foregoing Claim and knows the contents thereof; and that the matters stated are true and correct based on personal knowledge and the books and records of Claimant.

____________________________________
Affiant Date: [__/__/____]

Subscribed and sworn before me this [____] day of [____________], [____].

____________________________________
Notary Public — Commission expires: [__/__/____]

Attachments (attach copies of notices actually given):

☐ Exhibit A — Legal description
☐ Exhibit B — Copy of each preliminary notice given under § 779.02, if any, with proof of service retained
☐ Exhibit C — Copy of the notice of intent given under § 779.06(2), with proof of service retained
☐ Exhibit D — Itemized invoices

Part C — Notice of Filing Lien Claim to Owner

[Claimant / Counsel Letterhead]

[__/__/____]

VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED

[Owner Name]
[Owner Address]

Re: Notice of Filing of Claim for Construction Lien — [Property Address]

Dear [Owner]:

Please be advised that on [__/__/____] the undersigned filed a Claim for Lien against the above-referenced property with the Clerk of the Circuit Court for [____] County, Wisconsin, in the amount of $[____], for labor and/or materials furnished between [__/__/____] and [__/__/____]. A copy of the filed claim is enclosed and is being served within 30 days after filing as Wis. Stat. § 779.06(1) requires.

Under Wis. Stat. § 779.06(1), an action to enforce the lien must be brought, with summons and complaint filed, within two (2) years after the date the Claim for Lien was filed. The deadline is [__/__/____].

An interested party may seek release of the lien by filing a qualifying undertaking or permitted security with the clerk under Wis. Stat. § 779.08. We invite you to contact the undersigned to discuss payment and avoid litigation.

Sincerely,

____________________________________
[Claimant / Counsel]
[Address / Phone / Email]

Enclosure: Filed Claim for Lien

Part D — Action to Foreclose Construction Lien

STATE OF WISCONSIN — CIRCUIT COURT
[________________________________] COUNTY

Case No. [____]

COMPLAINT TO FORECLOSE CONSTRUCTION LIEN

(Wis. Stat. §§ 779.06, 779.09–779.10)

Plaintiff, by undersigned counsel, complains and alleges:

Parties and Jurisdiction

1. Plaintiff [Claimant] is a [Wisconsin / foreign] [corporation / LLC / individual] with its principal place of business at [________________________________].

2. Defendant [Owner] is the record owner of the real property located at [________________________________] in [____] County, Wisconsin ("the Property"), legally described as [________________________________] (or in attached Exhibit A).

3. Defendant [Contractor / Obligor], if joined, is the party with whom Plaintiff contracted.

4. Other defendants, if joined, are mortgagees, lienholders, or parties having an interest in the Property whose interests may be affected by this action. Determine proper parties from the title record and Wis. Stat. § 779.09.

5. This action seeks foreclosure under Wis. Stat. §§ 779.06 and 779.09–779.10. Venue is proper under Wis. Stat. § 801.50(2)(b) because the property is located in this county.

General Allegations

6. On or about [__/__/____], Plaintiff entered into a contract with [____] to furnish [labor / materials] for the improvement of the Property in the amount of $[____].

7. Plaintiff furnished labor and/or materials to the Property between [__/__/____] and [__/__/____].

8. After all just credits, $[____] remains due and unpaid.

9. On [__/__/____], Plaintiff served preliminary notice under Wis. Stat. § 779.02 (if applicable).

10. On [__/__/____], Plaintiff served a Notice of Intent to File Claim for Lien under Wis. Stat. § 779.06(2), at least 30 days before filing the lien.

11. On [__/__/____], Plaintiff filed a Claim for Lien with the Clerk of the Circuit Court for [____] County, within 6 months of the last date of labor/materials.

12. All conditions precedent under Wis. Stat. ch. 779 have been performed.

Count I — Foreclosure of Construction Lien (Wis. Stat. §§ 779.06, 779.09–779.10)

13. Plaintiff incorporates the foregoing paragraphs.

14. Plaintiff is entitled to foreclose its construction lien against the Property in the amount of $[____], plus interest, costs, and reasonable attorney's fees where allowed.

Count II — Breach of Contract (include only if Plaintiff has a contract claim against [Contractor / Obligor])

15. Plaintiff incorporates the foregoing paragraphs.

16. [Contractor / Obligor] breached the contract by failing to pay $[____].

Prayer for Relief

WHEREFORE, Plaintiff respectfully demands:

a. Judgment establishing and foreclosing Plaintiff's construction lien against the Property in the amount of $[____];
b. An Order of Sale of the Property in satisfaction of the lien;
c. Judgment against [Contractor / Obligor] in the amount of $[____] plus interest and costs;
d. Reasonable attorney's fees where authorized; and
e. Such further relief as is just and equitable.

Dated: [__/__/____]

____________________________________
[Attorney Name], SBN [____]
[Firm Name]
[Address] | [Phone] | [Email]
Attorney for Plaintiff

Verification:

State of Wisconsin, County of [________________________________], ss:

I, [________________________________], being duly sworn, depose and state that I am authorized to verify this Complaint on behalf of Plaintiff and that the foregoing allegations are true to the best of my knowledge and belief.

____________________________________
Affiant Date: [__/__/____]

Subscribed and sworn before me this [____] day of [____________], [____].

____________________________________
Notary Public — Commission expires: [__/__/____]

Part E — Pre-Filing Checklist

Eligibility & contract

☐ Claimant is within Wis. Stat. § 779.01 (contractor, sub, supplier, equipment lessor, design professional)
☐ Property is private; for public works, review the separate bond and remedy provisions of § 779.14
☐ No contract term requires a claimant to waive a lien or payment-bond claim before that claimant is paid (§ 779.135(1))

Preliminary notice (§ 779.02)

☐ For an applicable prime contractor: statutory notice included in the written owner contract; if there is no written contract, served separately within 10 days after first qualifying furnishing
☐ For an applicable non-prime claimant: exact statutory notice served in two signed copies within 60 days of first qualifying furnishing
☐ If ATCP 110.025 applies, its verbatim lien-waiver notice was given as a separate, retainable document before the home-improvement contract; the buyer's acknowledgement was retained
☐ Proof of service retained under the service methods in Wis. Stat. § 779.01(2)(e)

Notice of Intent to File (§ 779.06(2)) — Part A-2

☐ Notice prepared with nature of claim, amount, property description
☐ Served on owner at least 30 days before filing lien claim
☐ Service method and proof satisfy Wis. Stat. § 779.01(2)(e)
☐ Proof of service retained; § 779.06(2) does not itself impose a general affidavit requirement

Claim for Lien (Part B)

☐ Itemized statement of labor and materials with dates
☐ All credits applied (just and true account)
☐ Signed by claimant or attorney; verification is not required under § 779.06(3)
☐ Copies of every applicable § 779.02 notice and the § 779.06(2) notice attached to the filed claim
☐ Legal description of the property included in the claim or attached as Exhibit A
☐ Filed with Clerk of Circuit Court for correct county within 6 months of last labor/materials
☐ Filing fee paid
☐ Filing receipt and judgment-and-lien-docket information retained

Notice to owner of filing (Part C)

☐ Served on owner within 30 days after filing
☐ Encloses filed Claim for Lien

Foreclosure (Part D)

☐ 2-year foreclosure deadline calendared with 90-day tickler
☐ Owner and any other proper parties identified from the title record and § 779.09; later lienholders may be joined
☐ Action brought and summons and complaint filed before the two-year deadline; service completed under applicable court rules
☐ After filing the complaint, lis pendens presented for filing or recording under Wis. Stat. § 840.10(1)(a)

Risk management — false / frivolous filings

☐ Lien is supported by good-faith claim and documentation (avoid § 706.13 exposure)
☐ Claimed amount is limited to eligible work, labor, services, materials, plans, or specifications used or consumed for the improvement; any fees sought separately have a legal basis
☐ Each signed waiver reviewed for its actual scope under § 779.05(1); § 779.135(1) voids a prepayment-waiver requirement in the contract, not the signed waiver itself

Documentation

☐ Contracts and change orders
☐ Itemized invoices and payment ledger
☐ Daily reports, delivery tickets, time records, photographs
☐ Title report identifying owner of record and prior encumbrances

Sources and References

• Wisconsin Statutes Chapter 779 (Liens — Construction Liens): https://docs.legis.wisconsin.gov/statutes/statutes/779
• Wis. Stat. § 779.02 (Preliminary notice): https://docs.legis.wisconsin.gov/document/statutes/779.02
• Wis. Stat. § 779.06 (Filing of claim; 30-day notice of intent): https://docs.legis.wisconsin.gov/document/statutes/779.06
• Wis. Stat. § 779.07 (Judgment and lien docket): https://docs.legis.wisconsin.gov/document/statutes/779.07
• Wis. Stat. § 779.135 (Void waivers): https://docs.legis.wisconsin.gov/document/statutes/779.135
• Wis. Stat. § 706.13 (Slander of title): https://docs.legis.wisconsin.gov/document/statutes/706.13
• Wis. Admin. Code ATCP 110.025 (Lien waiver disclosure): https://docs.legis.wisconsin.gov/code/admin_code/atcp/090/110/025
• DATCP Consumer Information — Liens: https://datcp.wi.gov/Pages/Publications/Liens262.aspx