Stop-Notice - Wisconsin

Stop Notice of Claim to Contract Funds

Wis. Stat. § 779.036 — improvement under a § 779.035 contract and payment bond

Before you use this notice: Confirm that the project has the contract and payment bond described in § 779.035, that the claimant supplied qualifying work to a prime contractor or subcontractor, and that payment to that contractor or subcontractor has not already been made. This notice addresses the lien on money under § 779.036. A claim for a lien on the land follows separate rules under §§ 779.02 and 779.06; § 779.08 concerns release of a filed land lien.

Date of notice: [__/__/____]

To owner or authorized agent: [NAME AND ADDRESS]

To construction mortgage lender furnishing funds, if any: [NAME AND ADDRESS]

Project and improvement: [PROPERTY ADDRESS AND PROJECT DESCRIPTION]

Owner: [NAME]

Prime contractor: [NAME]

Contractor or subcontractor to whom claimant furnished the work: [NAME]

Claimant: [LEGAL NAME, ADDRESS, PHONE, EMAIL]

Notice of claim

Claimant performed, furnished, or procured the following labor, services, materials, plans, or specifications for the improvement identified above, to the contractor or subcontractor identified above:

[DESCRIPTION OF WORK OR MATERIALS]

Dates furnished: [START DATE] through [LAST DATE]

Contract or order reference: [REFERENCE]

Amount claimed and unpaid: $[AMOUNT]

Calculation and supporting documents: [ITEMIZED AMOUNTS, PAYMENTS, INVOICES, OR ATTACHMENT]

The improvement was constructed or is to be constructed under a contract and payment bond described in Wis. Stat. § 779.035: [IDENTIFY CONTRACT AND BOND; ATTACH AVAILABLE EVIDENCE].

Under Wis. Stat. § 779.036(1), claimant gives written notice of its claim to the owner or authorized agent and any construction mortgage lender furnishing funds for the improvement, before payment to the relevant prime contractor or subcontractor. Claimant asserts a lien on money or other payment due or to become due that contractor or subcontractor for this improvement. Upon receipt of this notice, § 779.036(1) requires the owner and lender to assure that a sufficient amount is withheld to pay the claim. The statute governs payment of an admitted, undisputed, or established claim and liability for damages resulting from a violation of that duty.

Payment or response may be sent to: [CLAIMANT PAYMENT AND CONTACT DETAILS]

Copy to contractor and dispute period

Claimant will serve a copy of this notice on the prime contractor or subcontractor identified above within 7 days after service on the owner and lender, as Wis. Stat. § 779.036(2) requires. Record that service below.

Under § 779.036(3), the prime contractor or subcontractor may dispute the claim by serving written notice on the owner and claimant within 30 days after service of the copy under § 779.036(2). If the claim is not disputed in that period, the amount claimed shall be paid to claimant on demand and charged to the contractor or subcontractor under the statute. If the claim is disputed, the right to the lien and money is determined in an action brought by claimant or the contractor or subcontractor. If that action is not brought within 3 months after service of the original § 779.036(1) notice, the lien rights under § 779.036 are barred.

Claimant signature: _________________________ Date: [__/__/____]

Printed name and title: [NAME AND TITLE]

Service record

Notice or demand received from contractor: [DATE, SENDER, DESCRIPTION, OR NONE]

Payment demanded after undisputed period, if applicable: [DATE AND METHOD]