Wisconsin Lien Waivers Guide and FAQs

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Wisconsin Lien Waiver FAQs

Wisconsin Lien Waivers Overview

Wisconsin Lien Waiver Rules


  • Rules At A Glance
  • Top Links
lien waivers not regulated
No Specific Form

Wisconsin does not require any specific form be used for a lien waiver to be effective.


lien waivers do not need to be notarized
Notarization Not Required

Wisconsin lien waiver do not need to be notarized, they must only be signed by the claimant.


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Can Waive Rights in Contract

Wisconsin law is conflicting with respect to whether lien waivers may be waived in advance by contract. Accordingly, it's best practice to assume that lien rights may be waived in the contract for work.


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Can Waive Rights Before Payment

Wisconsin law is conflicting with respect to whether lien waivers may be waived prior to payment, but it seems likely that lien waivers provided after furnishing labor or materials would be upheld.

Lien waivers are exchanged all the time on construction projects in Wisconsin, just like every other state. But, unlike many other states, the law regarding lien waivers in Wisconsin is strictly construed against the potential lien claimant. This means that anybody signing a lien waiver in Wisconsin should be very careful when doing so.

It’s imperative to note that in Wisconsin, unlike pretty much everywhere else, somebody who signs a lien waiver is pretty much stuck with it no matter what. In fact, Wisconsin law specifically says that a lien waiver is effective whether or not the waiving party has been paid, whether the lien waiver was signed prior to or after the material or labor was furnished to the project, or whether the lien waiver was included in or prior to the contract for work. Wow.

And, Wisconsin goes even further and makes sure that any ambiguity in a lien waiver document is “construed against the person signing it.” Double Wow.

It is crucial for parties performing work on a Wisconsin construction project, therefore, to be very, very careful in signing and providing lien waivers – because what it says (or even what it can be construed to say) will be held against you and waive your rights.

Wisconsin Lien Waivers FAQs

Wisconsin's lien waiver requirements and rules are strict, but they can be difficult to understand. This can create some difficult situations for construction participants in Wisconsin, who have to navigate providing waivers without giving up more than they bargained for. We have some of the most common questions about Florida's lien waiver rules below.

Wisconsin Lien Waiver FAQs

Does Wisconsin require a specific statutory lien waiver form?

No, Wisconsin does not provide or require statutory forms for lien waivers. It’s very important to note, however, that any ambiguity in the waiver document will be construed against the person signing it. And, further, it doesn’t matter if the claimant has been paid, or when the waiver is provided.

What are the requirements for an Wisconsin lien waiver? What makes a lien waiver binding?

The only specific requirement in order for a lien waiver in Wisconsin to be valid is that it must be written and signed  by the lien claimant or potential lien claimant. As long as the waiver is written and signed, it can be effective to waive lien rights, even if it is somewhat ambiguous.

Are Unconditional Lien Waivers Prohibited in Wisconsin?

No.

As long as the unconditional lien waiver is signed by the waiving party, it appears Wisconsin courts will consider it valid and enforceable. And, if the waiver can be interpreted as unconditional, it likely will be, since ambiguities in lien waiver documents are to be construed against the waiving party.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in Wisconsin?

No.

Wisconsin law holds that a lien waiver “is valid and binding as a waiver . . . whether the document was signed before or after the labor, services, materials, plans, or specifications were . . . contracted for.”

As it is allowable to waive lien rights prior to contracting to provide labor or materials, and any ambiguities are held against the waiving party, it seems clear that an advance waiver is easily allowable in Wisconsin.

Must Wisconsin lien waivers be notarized?

No. Wisconsin lien waivers must be in writing and signed by the lien claimant, but Wisconsin statute does not require that such a writing be notarized.

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Recent Questions & Answers
About Florida Lien Waivers and Construction Payment

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Free Wisconsin Lien Waivers Forms & Templates

Wisconsin is strict in interpreting lien waivers against the person singing the waiver. This means that you need to be sure about what your lien waiver says before providing it to another party – since it’s easy to end up waiving more than you bargained for. Using these forms provided by Levelset is safe, easy, stress-free, and fair for everyone involved. When used correctly, these forms don’t waive more than intended, are fair, and can’t be used against the singing party.

The forms provided here for free by Levelset are compliant with the Wisconsin rules. You can download them free, or use our free system to send or request your compliant Wisconsin lien waiver form.

Free Wisconsin Lien Waiver Forms

These Wisconsin lien waiver forms can help make sure you don't waive more than you mean to. Make it easy, and use forms from the source you can trust.

Wisconsin Final Unconditional Lien Waiver Form - free from

Wisconsin Final Unconditional Lien Waiver Form

This wi final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made...

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Wisconsin Partial Unconditional Lien Waiver Form - free from

Wisconsin Partial Unconditional Lien Waiver Form

This wi partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

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Wisconsin Partial Conditional Lien Waiver Form - free from

Wisconsin Partial Conditional Lien Waiver Form

This wi partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

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Wisconsin Final Conditional Lien Waiver Form - free from

Wisconsin Final Conditional Lien Waiver Form

This wi final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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