Michael Johnson is a construction attorney who works in the Milwaukee metropolitan area. Michael is licensed to practice law in Wisconsin and Louisiana. He currently works at Michael Johnson Legal LLC in Wisconsin. More...
It sounds like this is a public project (for the city) and you are a supplier to a supplier to a subcontractor. Wis. Stat 779.14(1)(a) provides lien rights on public projects for anyone who has a "direct contractual relationship" with the prime contractor or any subcontractor to furnish materials. My impression is that you might not meet this definition and may be one step removed. Im happy to look closer and discuss if you would like. Feel free to contact me at micSee More...See More...
Many small contractors are struggling to obtain raw materials at fair prices right now. Labor shortage is also a problem. Your situation is common. The best way to cancel the contract is by the terms of the contract. I suppose it is not impossible for the contractor to file a lien or that it would be successful under these facts, but a lien seems unlikely. Could you send me a copy of the contract and we can discuss? There may be an opportunity to push them tSee More...See More...
It sounds like you are a prime contractor under Wisconsin law. 779.02(2) requires prime contractors to include a "Preliminary Notice" in either the initial written contract or deliver to the owner within 10 days of first providing labor, services, materials, etc. There are a few exceptions to this notice requirement that are explained in 779.02(1) and include (a) any laborer or mechanic employed by any prime contractor or subcontractor; (b) by any lien claimSee More...See More...
Assuming there are no defects in your lien, then the lien should come up during the title insurance search (or earlier) and cause the sellers some problems in finalizing the sale. A buyer may back out of the sale, require the seller to resolve the lien, or come to some other agreement between them. Your lien rights would stay with the property. Would you rather simply initiate litigation or negotiate a settlement? call me michaeljohnsonlegal.comSee More...
It looks like the initial deadlines may have been quite tight or may have been missed here. However, even if there is not a valid lien, there are many ways to protect your legal rights as a contractor. Feel free to reach out via my website, michaeljohnsonlegal.com, to evaluate your lien rights and potentially explore other ways to get you paid for your work.See More...