How do I file a construction lien in Wisconsin?

Wisconsin's construction lien statute is at Wis. Stat. §§ 779.01-779.17.

1. Who Can File

Prime contractors, subcontractors, suppliers, design professionals, laborers, and equipment lessors providing labor or materials for an improvement (Wis. Stat. § 779.01).

2. Preliminary / Pre-Lien Notice

A prime contractor on residential property (4 or fewer family-living units) must give written notice to the owner within 10 days of contract execution, stating the owner's right to be notified by subs (Wis. Stat. § 779.02(1)(a)). Subs must serve a Notice of Intention to File Lien on the owner at least 30 days before filing (and on the prime contractor identifying themselves within 60 days of first work) (Wis. Stat. § 779.02(2)).

3. Recording the Lien

File a Claim for Lien with the clerk of circuit court of the county where the property lies, within 6 months after the date the claimant last performed work or furnished materials (Wis. Stat. § 779.06(1)). Claim must include claimant, owner, contract, amount, dates, and legal description.

4. Service on Owner

Serve a copy of the Claim for Lien on the owner within 30 days after filing, by personal service or registered mail (Wis. Stat. § 779.06(2)).

5. Suit to Foreclose

Commence foreclosure within 2 years from the date the Claim for Lien was filed (Wis. Stat. § 779.06(1)). Failure terminates the lien.

6. Priority

The lien attaches as of the date of the visible commencement of the work, taking priority over subsequent encumbrances; pre-existing mortgages have priority as to land value (Wis. Stat. § 779.01(4)).

7. Bond Release

Owner may release by depositing cash or a corporate-surety bond for 125% of the claim (Wis. Stat. § 779.08).

8. Homestead / Residential

4-or-fewer family residential projects require the prime contractor's 10-day notice; failure forfeits the prime's lien and may prejudice sub lien rights. Owner-occupied dwellings have heightened notice protections under § 779.02.

9. Fraudulent Lien Penalties

A knowingly false or exaggerated lien may be dismissed and the claimant ordered to pay damages, attorney's fees, and costs; slander-of-title is available (Wis. Stat. § 779.06).

This is legal information, not legal advice.