Mechanics Lien Filing Package — Wisconsin

Mechanics Lien Filing Package (Wisconsin)

Quick-Reference Summary

Wisconsin lien-filing deadlines are mandatory and strictly enforced. Murphy v. Droessler, 188 Wis. 2d 420 (1994). The 30-day Notice of Intent is jurisdictional even when preliminary notice was given. Lommen Abdo construction practice; Wis. Stat. § 779.06(2).

Part A — Pre-Lien Notices

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

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

As required by Wisconsin Statute § 779.02(2), you are hereby notified as follows:

As required by the Wisconsin construction lien law, builder/claimant hereby notifies owner that persons or companies furnishing labor or materials 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 builder/claimant, are those who contract directly with the owner or those who give the owner notice within 60 days after they first furnish labor or materials for the construction. Accordingly, owner probably will receive notices from those who furnish labor or materials for the construction, and should give a copy of each notice received to the mortgage lender, if any. Builder/claimant agrees to cooperate with the owner and the owner's lender, if any, to see that all potential lien claimants are duly paid.

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

____________________________________
[Claimant Signature], [Title]

Proof of Service:

☐ Delivered with written home-improvement contract 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 unless payment is received within thirty (30) days of the date of this Notice:

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 (one of the following is required by § 779.06(2)):

☐ Personal service on owner on [__/__/____] by [_______________________]
☐ Certified mail return receipt requested on [__/__/____] — Tracking No. [____]

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 (attach legal description 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 ☐ personal service ☐ certified mail (Tracking No. [____]). Affidavit of service attached.

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

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:

☐ Exhibit A — Legal description
☐ Exhibit B — Copy of Preliminary Notice (if applicable) with proof of service
☐ Exhibit C — Notice of Intent under § 779.06(2) with proof of service
☐ 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 certified copy has been forwarded to the Register of Deeds for indexing.

A copy of the filed Claim for Lien is enclosed.

Pursuant to Wis. Stat. § 779.07, the undersigned must commence an action to foreclose the lien within two (2) years after the date the Claim for Lien was filed. The deadline is [__/__/____].

You may discharge the lien by recording a bond 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, 779.07)

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").

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

4. Other defendants are mortgagees, lienholders, or parties having an interest in the Property whose interests may be affected by this action.

5. This Court has jurisdiction under Wis. Stat. ch. 801. Venue is proper under Wis. Stat. § 801.50 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. § 779.07)

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 (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 (no construction liens on public projects — bond claim under § 779.14 instead)
☐ Project is not subject to a § 779.135-voided waiver scheme

Preliminary notice (§ 779.02)

☐ For prime contractor on home improvement: written notice provided with contract OR within 10 days of first work if no written contract
☐ For subcontractor / supplier on home improvement: written notice served on owner within 60 days of first labor or materials
☐ ATCP 110.025 home-improvement contract disclosure language included if applicable
☐ Proof of service retained (delivery / certified mail receipt)

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 by personal service or certified mail return receipt requested
☐ Affidavit of service prepared and retained — REQUIRED even if preliminary notice was given

Claim for Lien (Part B)

☐ Itemized statement of labor and materials with dates
☐ All credits applied (just and true account)
☐ Verified / notarized
☐ Filed with Clerk of Circuit Court for correct county within 6 months of last labor/materials
☐ Filing fee paid
☐ Confirmed clerk forwarded certified copy to Register of Deeds for indexing

Notice to owner of filing (Part C)

☐ Sent by certified mail with return receipt
☐ Encloses filed Claim for Lien

Foreclosure (Part D)

☐ 2-year foreclosure deadline calendared with 90-day tickler
☐ All necessary parties identified (owner, GC, mortgagees, junior lienors)
☐ Summons and complaint drafted and served before deadline
☐ Lis pendens recorded promptly under Wis. Stat. § 840.10

Risk management — false / frivolous filings

☐ Lien is supported by good-faith claim and documentation (avoid § 706.13 exposure)
☐ Claim excludes non-lienable items (finance charges, attorney fees, items not incorporated)
☐ No void lien waiver issued before payment in violation of § 779.135

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 (Foreclosure; 2-year limitation): 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
• R. Fredrick Redi-Mix, Inc. v. Thomson, 96 Wis. 2d 715 (1980)
• Torke/Wirth/Pujara, Ltd. v. Lakeshore Towers of Racine, 192 Wis. 2d 481 (1995)
• Murphy v. Droessler, 188 Wis. 2d 420 (1994)
• Tri-State Mechanical, Inc. v. Northland College, 2004 WI App 100