Did contracted work for client which cancelled contract, and refuses to pay balance due

Answered 2 weeks ago

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Nate Budde

Chief Legal Officer zlien

Wisconsin, in addition to any preliminary notice requirement, mandates that a notice of intent to lien be served at least 30 days prior to the filing of a lien claim itself.

This notice of intent requirement is set forth by § 779.06(2), which provides in part, that: "No lien claim may be filed or action brought thereon unless, at least 30 days before timely filing of the lien claim, the lien claimant serves on the owner a written notice of intent to file a lien claim. The notice is required to be given whether or not the claimant has been required to and has given a previous notice pursuant to s. 779.02."

As set forth, the notice of intent to lien must be served upon the "property owner." While arguments can be made that service on an attorney or some specific agent of the property owner is sufficient, the clear language requires the owner himself/herself to be the recipient. Further, a Wisconsin notice of intent should be delivered by certified or registered mail, personal service, or other method in which the recipient gives written confirmation of delivery.

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