I need to file a lien - does this include a lien rights notice?
Dec 7, 2018
In Wisconsin, parties who contract directly with a property owner (subject to some exceptions) must provide a notice of lien rights. This notice must be contained within the contract itself if the contract was written, or provided in writing within 10 days of first furnishing labor or materials if there was no written contract.
Failure to give the notice timely is fatal to a later lien claim UNLESS the prime contractor: 1) pays all obligations to suppliers and subcontractors within 6 months of the time they last performed services; 2) the time for subcontractors to provide any preliminary notices has passed and no lien claimant has given such notice (or all the subs and suppliers have waived lien rights).
Additionally, lien claimants in Wisconsin are required to provide a notice of intent to lien at least 30 days prior to filing the lien itself.
Both the notice of lien rights, and the notice of intent to lien are separate documents, and are distinct from the lien filing itself.