Wisconsin Mechanics Lien Form for Subcontractors

Mechanic's lien for work on vehicles or other personal property are different than mechanic's liens related to construction work. For liens on a vehicle, Wisconsin is similar to most other states in that the lien is a "possessory lien." This means that the mechanic is required to "retain possession of the personal property until the charges are paid" in order to gain the benefit of the lien. If the vehicle is not in the possession of the mechanic, the mechanic forfeits the lien and cannot sell the property to satisfy the debt. Also, in any case, the lien of the mechanic would be subordinate to the lien of the financing company, unless the financing company provided express consent to the mechanic for the work and the work was worth more than $1,500.

You are correct. A Notice to Lien Rights under Wis. Stat. §779.02(2)(a) needs to be included in the prime contract, or provided separately within 10 days of first furnishing labor or materials to the project. Failure to provide this notice is typically fatal to a prime contractor's lien rights; unless:

• The contractor pays all subs and suppliers within 6 months of their last date of furnishing labor or materials; &
• The time for subs and suppliers to give preliminary notice (60 days from first furnishing) has passed with no notices provided, or lien rights waived.

To translate that in simpler terms, if the prime contractor has paid all their subs and suppliers in a timely fashion and none of the subs and suppliers sent a preliminary notice (or waived their rights) then the lack of Notice of Lien Rights will not preclude them from filing a Wisconsin mechanics lien. But this is a very specific (and often rare) circumstance. If this isn't the case, then filing a mechanics lien would be a futile attempt. If the homeowner retains counsel, the claim will be challenged easily. But that doesn't preclude you from pursuing other legal remedies; most notably claims for breach of contract or unjust enrichment. Furthermore, if the amount in dispute is under $10,000, then these cation can be brought in Wisconsin small claims court. Good luck! Here are some other resources you may find helpful:

• Oklahoma Preliminary Notices- All You Need to Know
• How to File an Oklahoma Mechanics Lien
• Can't File a Lien? Here Are Some Other Options for Recovery

Generally, no. Mechanics lien claims should only be filed for amounts that are owed for work that's been performed. This makes sense, too - mechanics lien claims are made available to the extent the project property is improved, and lien rights arise directly against that property (because it's been improved). If certain work hasn't been performed, then that work hasn't improved the land - and a claim against the land for that amount shouldn't be made. For further discussion on Washington DC liens: Washington DC Mechanics Lien Guide and FAQs.