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Can I file a lien against a pier that a customer never paid for?

WisconsinLien DeadlinesRight to Lien
Anonymous Contractor

I need to file a lien against a pier that was installed and removed for a customer who has now fallen into financial issues and cannot pay. The last date of service was October 2019, and the customer generally would pay for everything annually, so this did not raise a red flag. We are now concerned that his funds and property will be levied and we want to make sure we are paid first.

1 reply

Levelset Admin at Levelset
| 1,005 reviews
Nov 17, 2020

Generally, yes - installing a pier could give rise to mechanics lien rights. Note, however, that mechanics lien rights are generally only available to the extent that property is permanently improved. So, if all of the work was removed and if there's no improvement to the property, then there's a good chance that a mechanics lien filed against the property wouldn't be valid and enforceable.

With that being said, it sounds like this dispute might raise some complex issues - and discussing the matter with a Wisconsin construciton lawyer could be helpful: Top Wisconsin Construction Lawyers. For furthe discussion on WI mechanics lien rights: Wisconsin Mechanics Lien Guide and FAQs.

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