PRE-LIEN NOTICE / NOTICE TO OWNER

(Wisconsin Construction Lien Law – Wis. Stat. ch. 779)

[// GUIDANCE: This template is designed for use by any potential lien claimant on a private construction project in Wisconsin—including prime contractors, subcontractors, sub-subcontractors, laborers, and material suppliers. It tracks the timing, content, and service requirements prescribed by Wisconsin’s construction lien statute without citing subsection numbers so practitioners may insert the exact statutory citation after verification.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Statutory Notice of Lien Rights)
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Title: Pre-Lien Notice / Notice to Owner Pursuant to Wisconsin Construction Lien Law.
2. Effective Date: [EFFECTIVE_DATE] (“Effective Date”).

3. Claimant:
   • Legal Name: [CLAIMANT_FULL_LEGAL_NAME]
   • Mailing Address: [CLAIMANT_MAILING_ADDRESS]
   • Telephone / Email: [CLAIMANT_CONTACT_INFO]

4. Owner:
   • Legal Name: [OWNER_FULL_LEGAL_NAME]
   • Mailing Address: [OWNER_MAILING_ADDRESS]

5. Prime Contractor (if Claimant is not the Prime Contractor):
   • Legal Name: [PRIME_CONTRACTOR_NAME]
   • Mailing Address: [PRIME_CONTRACTOR_ADDRESS]

6. Project Information:
   • Project Name: [PROJECT_NAME]
   • Street Address / Legal Description: [PROJECT_ADDRESS/LEGAL_DESCRIPTION]

7. Governing Law & Jurisdiction: State of Wisconsin construction lien law; exclusive forum - state courts of competent jurisdiction located in [COUNTY], Wisconsin.

II. DEFINITIONS

“Claimant” – The party identified in Section I.3 that furnished or will furnish labor, services, materials, plans, or specifications for the Project.

“First Furnishing Date” – The calendar date on which Claimant first provided labor, services, or materials for the Project as stated in Section III.1.b.

“Lien Claim” – Claimant’s statutory right to record and foreclose a construction lien against the Project real property for unpaid amounts.

“Notice” – This Pre-Lien Notice / Notice to Owner.

“Owner” – The record owner(s) of the real property improved by the Project, as identified in Section I.4.

“Prime Contractor” – The party having a direct contract with Owner for improvements to the Project property.

“Work” – The labor, services, or materials furnished or to be furnished by Claimant that are the subject of this Notice.

III. OPERATIVE PROVISIONS (STATUTORY NOTICE OF LIEN RIGHTS)

1. Statutory Information
   a. Claimant hereby gives written notice to Owner that Claimant has furnished, is furnishing, and/or will furnish labor, services, materials, plans, or specifications for the improvement of the Project property.
   b. First Furnishing Date: [FIRST_FURNISH_DATE].
   c. Brief Description of the Work: [WORK_DESCRIPTION]
   d. Contract / Purchase Order Price or Estimated Value of Work: $[ESTIMATED_CONTRACT_SUM] (“Contract Sum”).

2. Statement of Lien Rights
   IF PAYMENT IS NOT MADE FOR THE LABOR, SERVICES, MATERIALS, PLANS, OR SPECIFICATIONS PROVIDED, THE CLAIMANT MAY FILE A CONSTRUCTION LIEN AGAINST THE ABOVE-DESCRIBED PROPERTY AS PROVIDED BY WISCONSIN LAW.

3. Amount Currently Due and Owing (if any): $[AMOUNT_CURRENTLY_DUE].

4. Timing Compliance
   Claimant affirms that this Notice is being served within the statutory period measured from the First Furnishing Date applicable to Claimant’s tier (e.g., 60 days for most subcontractors and suppliers; 14-day advance notice for certain one- to four-family improvements, etc.).

5. Service of Notice
   a. Method of Service: [SERVICE_METHOD] (e.g., Certified Mail – Return Receipt Requested, personal delivery, statutory substituted service).
   b. Date of Service: [SERVICE_DATE]

6. Preservation of Rights
   This Notice is given to preserve all lien and related rights of Claimant under Wisconsin law. Nothing herein shall be construed as a waiver, limitation, or election of remedies.

IV. REPRESENTATIONS & WARRANTIES

1. Authority: Claimant represents that the individual executing this Notice is duly authorized to do so.
2. Accuracy: Claimant warrants, to the best of its knowledge after reasonable inquiry, that the information contained in this Notice is true, correct, and complete in all material respects.
3. Survival: The representations and warranties in this Section IV survive delivery of the Notice and any subsequent satisfaction, release, or foreclosure of the Lien Claim.

V. COVENANTS & RESTRICTIONS

1. Duty to Update: Claimant covenants to provide written updates to Owner within ten (10) business days of any material change to the information contained herein, including assignment of the Lien Claim.
2. No Waiver: Claimant shall not be deemed to have waived any lien rights except through a written waiver that expressly references the Contract Sum and is signed by an authorized representative.

VI. DEFAULT & REMEDIES

1. Events of Default:
   a. Failure of Owner (or Prime Contractor, as applicable) to pay undisputed sums due within the time specified under the underlying contract or Wisconsin prompt-payment statute.
2. Remedies (graduated):
   a. Interest on unpaid amounts at the lower of (i) ___% per annum or (ii) the maximum lawful rate.
   b. Recordation of a construction lien against the Project property for the unpaid balance plus statutory interest, fees, and allowable costs.
   c. Foreclosure of the construction lien and sale of the property through judicial proceedings.
   d. Recovery of reasonable attorney fees and costs as allowed under Wisconsin law.

[// GUIDANCE: Insert or delete specific default triggers and remedies to conform to the underlying construction agreement and project specifics.]

VII. RISK ALLOCATION

1. Limitation of Liability
   Claimant’s liability to Owner (if any) arising out of the issuance of this Notice is limited, in aggregate, to the lesser of:
   a. the portion of the Contract Sum actually paid by Owner to Claimant; or
   b. the value of the Work performed by Claimant as of the date liability is determined.

2. Force Majeure
   Claimant shall not be liable for delays or failure to perform if such delay or failure results from events beyond Claimant’s reasonable control, including but not limited to acts of God, governmental actions, labor disputes, pandemics, or material shortages.

3. Indemnification – Not applicable per Metadata.

VIII. DISPUTE RESOLUTION

1. Governing Law: This Notice and any controversy arising hereunder shall be governed exclusively by the construction lien laws of the State of Wisconsin.
2. Forum Selection: The parties consent to the exclusive jurisdiction of the state courts located in [COUNTY], Wisconsin.
3. Arbitration: Not applicable.
4. Jury Waiver: Not applicable.
5. Injunctive Relief: Claimant expressly reserves the right to seek injunctive or equitable relief, including foreclosure of its construction lien, to prevent impairment of its statutory security interest.

IX. GENERAL PROVISIONS

1. Amendment and Waiver: Any amendment or waiver of this Notice must be in a written instrument signed by the Claimant and expressly referencing this Section IX.1.
2. Assignment: Claimant may assign its Lien Claim subject to compliance with Wisconsin lien-assignment rules; Owner may not assign defenses arising out of personal dealings with Claimant.
3. Successors and Assigns: This Notice binds and benefits the parties and their respective successors and permitted assigns.
4. Severability: If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall remain in full force to the maximum extent permissible.
5. Entire Notice: This Notice constitutes the entire notice required by Wisconsin law to preserve Claimant’s lien rights and supersedes all prior oral or written communications relating to the subject matter hereof.
6. Counterparts; Electronic Signatures: This Notice may be executed in one or more counterparts, including facsimile, PDF, or electronic signatures, each of which shall be deemed an original.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, Claimant has executed and duly served this Pre-Lien Notice / Notice to Owner as of the Effective Date.

[// GUIDANCE: Wisconsin statutes do not require notarization of the pre-lien notice, but many practitioners add a notary block for evidentiary purposes, particularly for out-of-state service. Omit or include based on local practice.]

OPTIONAL NOTARY ACKNOWLEDGMENT (Claimant)

State of __ )
County of __ ) ss.

On this ___ day of _, 20_, before me, the undersigned Notary Public, personally appeared ______, known to me (or satisfactorily proven) to be the person who executed the foregoing Notice on behalf of the Claimant and acknowledged the same to be the free act and deed of the Claimant.

Notary Public
My Commission Expires: _____

[// GUIDANCE: 1) File a copy of the served Notice with your project file; 2) Calendar the statutory deadline to record the actual lien claim (typically six months from the last date of furnishing); 3) Verify owner information through a current title search; 4) If the project involves a one- to four-family owner-occupied dwelling, ensure compliance with additional contractor disclosure requirements.]