Private Projects

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notice requirements Private Projects lien requirements Private Projects
prime contractor Private Projects Preliminary Notice in original contract or served on owner within 10 days after beginning work (if oral contract) Notice of intent to lien required 30 days before lien. Lien must be filed w/in 6 months from last providing labor or materials, and enforced within 2 years from lien's filing.
sub laborer Private Projects Preliminary notice required 60 days after first providing labor or materials to owner. Notice of intent to lien required 30 days before lien. Lien must be filed w/in 6 months from last providing labor or materials, and enforced within 2 years from lien's filing.
supplier other Private Projects Preliminary notice required 60 days after first providing labor or materials to owner. Notice of intent to lien required 30 days before lien. Lien must be filed w/in 6 months from last providing labor or materials, and enforced within 2 years from lien's filing.

Preliminary Notices
Under some circumstances, Wisconsin lien statutes require service of preliminary notices upon the property owner by the prime contractor and subcontractors.   There are exceptions when these notices are not required (i.e., when residential project has more than 4 units or on some non-residential projects).  However, these exceptions are complex, and there is no harm in always sending these notices.

  • Prime Contractor:   Prime contractors must include a notice of lien rights within their written contract with the property owner, or if the contract is oral, provide a “Notice of Lien Rights” be served upon the property owner within ten (10) days of an oral agreement.   *** A “prime contractor” includes any party who contracts with the property owner, including architects, construction managers and engineers.
  • Subcontractors:   Must serve two signed copies of the “Subcontractor Identification Notice” within sixty (60) days of first supplying services and/or materials upon the property owner.  *** If an owner acts personally as its own general contractor, parties furnishing labor/materials pursuant to contract with owner as the GC is considered a subcontractor.    If delivered late, the notice applies and protects lien rights only for labor/materials furnished after delivery.
  • Laborers:  No notice requirements.

Notices of Intent to Lien
All claimants must serve a “Notice of Intention to File Claim for Lien” upon the property owner at least thirty (30) days before filing a Claim of Lien.

THE MECHANICS LIEN
On private projects, Subcontractors and suppliers of all tiers have some protections under Wisconsin’s lien laws.

  • Referred to as “Claim of Lien”
  • Must be filed within six (6) months after the last day that labor and/or materials are furnished to a project, but at least thirty (30) days after filing the Notice of Intention to File Claim of Lien.   Because of the Notice of Intent requirement, the Notice of Intent must be served within 5 months after last furnishing labor and/or materials.
  • After filing, claim of lien must be served on the property owner within 30 days of filing.
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