Pre-lien Notice / Notice to Owner - Preparation Worksheet - Wisconsin
WISCONSIN CONSTRUCTION-LIEN NOTICE PACKET
This packet is a preparation and service record. It does not replace the current statutory notice language in Wis. Stat. § 779.02.
1. Applicability Review
Claimant type:
☐ Prime contractor that has contracted or will contract with a subcontractor or material supplier
☐ Person other than a prime contractor
☐ Laborer or mechanic employed by a prime contractor or subcontractor
☐ Other: [________________________________]
Project character:
☐ Four or fewer family living units, wholly residential
☐ More than four family living units, wholly residential
☐ Partly or wholly nonresidential
☐ Owner-affiliated prime-contractor arrangement
Wis. Stat. § 779.02(1) contains limited exceptions, including employed laborers or mechanics, certain direct-owner claimants, improvements involving more than four family living units when wholly residential, partly or wholly nonresidential improvements, and specified owner-affiliated prime contractors. Counsel must apply every element of the relevant exception.
Notice required? ☐ Yes ☐ No ☐ Counsel to determine
Reason and subsection: [________________________________]
2. Select the Correct § 779.02 Notice
A. Prime-Contractor Notice — § 779.02(2)(a)
If applicable, the prime contractor must include the current statutory notice in the written contract with the owner or serve it on the owner or authorized agent within 10 days after the first labor, services, materials, plans, or specifications are performed, furnished, or procured.
☐ Copy the complete current prime-contractor language from Wis. Stat. § 779.02(2)(a).
☐ Preserve the statute's formatting rule: at least 8-point bold type if printed, or capital letters if typewritten.
☐ Do not substitute a shortened or combined notice.
B. Non-Prime Notice — § 779.02(2)(b)
Unless an exception applies, a person other than a prime contractor must serve the statutory notice within 60 days after first performing, furnishing, or procuring labor, services, materials, plans, or specifications.
☐ Copy the complete current non-prime language from Wis. Stat. § 779.02(2)(b).
☐ Prepare two signed copies.
☐ Serve the owner or authorized agent at the last-known post-office address.
☐ Do not use the prime-contractor notice for a non-prime claimant.
Late Notice — § 779.02(3)
A late but otherwise proper notice preserves a lien only for qualifying labor, services, materials, plans, or specifications furnished after the notice is actually received. The claimant bears the burden of proving the post-receipt furnishing.
3. Project and Service Record
| Item | Information |
|---|---|
| Claimant | [________________________________] |
| Claimant address | [________________________________] |
| Owner or authorized agent | [________________________________] |
| Last-known post-office address | [________________________________] |
| Prime contractor | [________________________________] |
| Property and legal description | [________________________________] |
| Work or materials | [________________________________] |
| First furnishing date | [__/__/____] |
| 10-day or 60-day deadline | [__/__/____] |
| Notice actually received | [__/__/____] |
Under Wis. Stat. § 779.01(2)(e), service includes personal delivery, registered or certified mail, service in a manner described in Wis. Stat. § 801.14, or another delivery method for which the recipient makes written confirmation.
Method: ☐ Personal delivery ☐ Registered mail ☐ Certified mail ☐ § 801.14 method ☐ Written-confirmation method
Tracking or proof: [________________________________]
4. Separate Pre-Filing Requirements — § 779.06
The § 779.02 notice is not the notice of intent to file a lien claim.
| Event | Current requirement |
|---|---|
| Notice of intent | Serve the owner at least 30 days before timely filing the lien claim; briefly describe the claim, amount, land, and improvement |
| File lien claim | Within 6 months after the claimant's last qualifying furnishing, with the clerk of circuit court in the county where the land lies |
| Serve filed claim | Serve the owner within 30 days after filing |
| Enforce lien | Bring the action and file summons and complaint within 2 years after filing the lien claim |
☐ Attach any § 779.02 notice and the § 779.06(2) notice of intent to the lien claim as § 779.06(3) requires.
Sources and References
About this template
- Last updated
- July 15, 2026
- Citations checked
- July 15, 2026
- Jurisdiction
- Wisconsin
- Category
- Real Estate
Legal authority
- Wis. Stat. § 779.01 (construction liens)
- Wis. Stat. § 779.02 (notices, exceptions, service, and saving clause)
- Wis. Stat. § 779.06 (notice of intent, claim filing, service, and enforcement deadlines)
Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on July 15, 2026.
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