We are a material supplier and often do pre-construction site planning work before large jobs. Can fees for unpaid site plan work be included in mechanic lien claims should we need to file on a job?
1 reply
Jul 8, 2020
Yes, creating a site plan should be lienable work in Wisconsin as long as the work eventually improves the project property. § 779.01(3) of Wisconsin's lien statute states that "Any person who performs, furnishes, or procures any work , labor , service, materials , plans, or specifications, used or consumed for the improvement of land, and who complies with s. 779.02, shall have a lien therefor on all interests in the land belonging to its owners."
So, as long as Wisconsin's notice requirements are followed, and as long as the materials are eventually incorporated into the property, creating a plan for the improvement will seemingly be lienable.
These resources should also be useful:
- Wisconsin Preliminary Notice Guide and FAQs- Wisconsin Mechanics Lien Guide and FAQs