WISCONSIN PRELIMINARY NOTICE

Notice to Preserve Construction Lien Rights

Pursuant to Wisconsin Statutes Chapter 779

IMPORTANT NOTICE

WISCONSIN NOTICE REQUIREMENTS:

1. Prime Contractors: Must include lien notice in written contract OR deliver within 10 days of first furnishing (Wis. Stat. § 779.02(2)(a))

2. Subcontractors/Suppliers: Must provide notice within 60 days of first furnishing (Wis. Stat. § 779.02(2)(b))

IMPORTANT EXEMPTIONS: Notice is NOT required for:
- Projects with more than 4 residential units
- Commercial (non-residential) projects
- Owner-occupied properties where prime is also owner

PROJECT TYPE DETERMINATION

Is this notice required?

☐ Residential (1-4 units) - Owner NOT the prime contractor = Notice REQUIRED
☐ Residential (5+ units) = Notice NOT required
☐ Commercial/Non-residential = Notice NOT required
☐ Owner is Prime Contractor = Notice NOT required

SELECT CLAIMANT TYPE

☐ Prime Contractor - 10-day deadline (or include in contract)
☐ Subcontractor/Supplier - 60-day deadline

NOTICE DATE AND TIMING

Date of This Notice: _________________________________

Date Claimant First Furnished Labor/Materials: _________________________________

Claimant Type:
☐ Prime Contractor - 10-day deadline: _________________________________
☐ Subcontractor/Supplier - 60-day deadline: _________________________________

SECTION 1: RECIPIENT INFORMATION

To Property Owner:

Name: _________________________________

Address:
_________________________________
_________________________________
City: _________________ State: WI ZIP: _________

SECTION 2: PROPERTY INFORMATION

Property Address:
_________________________________
_________________________________
City: _________________ County: _________________ ZIP: _________

Legal Description:
_________________________________
_________________________________

Type of Property:
☐ Residential (1-4 family dwelling)
☐ Residential (5+ units) - Notice not required
☐ Commercial - Notice not required

SECTION 3: PRIME CONTRACTOR INFORMATION (if applicable)

Prime Contractor Name: _________________________________

Address:
_________________________________
_________________________________
City: _________________ State: WI ZIP: _________

SECTION 4: CLAIMANT INFORMATION

Claimant Name: _________________________________

Company Name: _________________________________

Address:
_________________________________
_________________________________
City: _________________ State: _____ ZIP: _________

Phone: _________________________ Email: _________________________

Wisconsin Credential No. (if applicable): _________________________________

Claimant Type:
☐ Prime/General Contractor
☐ Subcontractor
☐ Material Supplier
☐ Equipment Rental Company
☐ Laborer
☐ Other: _________________________________

SECTION 5: STATUTORY NOTICE LANGUAGE (REQUIRED)

NOTICE OF LIEN RIGHTS

(Pursuant to Wis. Stat. § 779.02)

AS A MATTER OF RIGHT, THE CONTRACTOR MAY FILE A LIEN FOR ANY AMOUNTS OWED AND UNPAID AFTER THE CONTRACTOR COMPLETES THE WORK OR IS TERMINATED.

As required by Wisconsin law, the following notice is provided:

NOTICE OF LIEN RIGHTS

ATTENTION OWNER: The contractor, subcontractors, or suppliers may file a lien against your property if they are not paid for their labor, services, or materials. You may protect yourself against any such lien by requiring the contractor to furnish to you, before you make payment to the contractor, a signed waiver of lien from each subcontractor or supplier who has filed with you a request for notice of work authorized and a description of the work and materials to be provided under the contract. If you pay the contractor, demand that the contractor give you a lien waiver from each subcontractor and supplier who worked on your project before you make final payment.

CLAIMANT INFORMATION:

Name: _________________________________
Address: _________________________________
_________________________________
Phone: _________________________________

PROPERTY ADDRESS:
_________________________________
_________________________________

DESCRIPTION OF WORK/MATERIALS:
_________________________________
_________________________________
_________________________________

SECTION 6: WHO MUST GIVE THIS NOTICE

Under Wis. Stat. § 779.02, the following must give preliminary notice:

☐ Prime contractors - Include in contract or deliver within 10 days
☐ Subcontractors - Within 60 days of first furnishing
☐ Suppliers - Within 60 days of first furnishing
☐ Vendors - Within 60 days of first furnishing

The following are EXEMPT from notice requirements (Wis. Stat. § 779.02(1)):

☐ Laborers or mechanics employed by prime contractor or subcontractor
☐ Lien claimants who contracted directly with the owner
☐ Projects that are wholly residential with more than 4 units
☐ Projects that are all or part non-residential (commercial)
☐ Owner is the prime contractor

SECTION 7: CLAIMANT'S SIGNATURE

I, the undersigned, declare under penalty of perjury under the laws of the State of Wisconsin that the foregoing information is true and correct.

Signature: _________________________________ Date: _________________

Printed Name: _________________________________

Title: _________________________________

SECTION 8: PROOF OF SERVICE

Service Requirements (Wis. Stat. § 779.02(2))

Notice must be served by:
☐ Personal service
☐ Registered or certified mail
☐ Service in same manner as summons
☐ Any means with written confirmation of delivery

IMPORTANT: Actual receipt of the notice is essential.

Service Documentation

To Owner:

Method of Service: _________________________________

Date Served: _________________________________

Tracking/Receipt Number: _________________________________

Confirmation of Receipt: ☐ Yes ☐ Pending

Certificate of Service

I certify that I served this Notice on the Owner by the method indicated above.

Two (2) signed copies were delivered as required.

Signature: _________________________________ Date: _________________

Printed Name: _________________________________

WISCONSIN PRELIMINARY NOTICE - LEGAL REQUIREMENTS SUMMARY

WHEN NOTICE IS REQUIRED

Notice is required ONLY for:
- Residential projects (1-4 family dwellings)
- Where claimant does NOT have direct contract with owner
- Where owner is NOT the prime contractor

PRIME CONTRACTOR NOTICE (Wis. Stat. § 779.02(2)(a))

Deadline:
- Include in initial written contract, OR
- Deliver within 10 days of first furnishing labor, services, materials, plans, or specifications

Format:
- Must include statutory language from Wis. Stat. § 779.02(2)(a)

SUBCONTRACTOR/SUPPLIER NOTICE (Wis. Stat. § 779.02(2)(b))

Deadline:
- Within 60 days of first furnishing labor, services, materials, plans, or specifications

Format:
- Two signed copies
- Must include required statutory language

SERVICE METHODS

• Personal service
• Registered or certified mail
• Service in manner for summons
• Any delivery with written confirmation

CRITICAL: Actual receipt is essential - notice must be received by owner

SAVINGS CLAUSE (Wis. Stat. § 779.02(3))

If notice is served late but otherwise proper:
- Claimant has lien rights for labor performed AFTER the late notice is actually received
- Burden of proving labor was furnished after notice date is on the claimant

NOTICE OF INTENTION TO FILE LIEN (Wis. Stat. § 779.02(5))

ADDITIONAL REQUIREMENT: Before filing a lien claim, claimant must serve:
- Notice of Intention to File Claim for Lien
- At least 30 days before filing the lien claim
- On owner (and prime contractor if filed by subcontractor/supplier)

ADDITIONAL IMPORTANT DEADLINES

EXEMPTIONS (Wis. Stat. § 779.02(1))

No notice required:
- Laborers/mechanics employed by prime or sub
- Direct contract with owner
- Residential projects (5+ units)
- Non-residential (commercial) projects
- Owner is prime contractor

IMPORTANT DISCLAIMERS

This form is provided for informational purposes only and does not constitute legal advice. Wisconsin construction lien law requires strict compliance with notice requirements and is deadline-driven.

CONSULT AN ATTORNEY: Before relying on this form, consult with a Wisconsin-licensed attorney familiar with construction lien law.

VERIFY PROJECT TYPE: Ensure you correctly determine if notice is required for your specific project.

MAINTAIN RECORDS: Keep copies of notice, proof of service, and written confirmation of delivery.

Wisconsin Preliminary Notice Template - Version 2026.01
Based on Wisconsin Statutes Chapter 779