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How do I challenge a mechanics lien in Wisconsin?

Hi, I'm in Wisconsin (Milwaukee). My contractor (Waukesha & Ozaukee Counties) is filing a lien on our Milwaukee property. We hired this company to redo our roof, gutters and downspouts. They installed the wrong downspouts in the wrong configuration and refused to fix the deficiencies despite the fact that they fully acknowledge the deficiencies in written emails. We also have an absurd string of emails in which they claimed that they could not acquire the correct downspouts. We contacted numerous suppliers and let the contractor that the downspouts and accessories were readily available from all the supplies they claimed did not have them. We even sent them an invoice from their own supplier showing that the downspouts and accessories could ship within days. They simply would not agree to buy and install the correct downspouts. We finally negotiated a settlement via email, which he accepted, and then he changed his mind the next day. In his reversal he also acknowledged that the “custom” downspouts we were charged an additional $1000 for were actually a cheaper product than what was specified in our quote. At best, all we could get in an adjustment from his amounted to less than the $1000 up-charge on our bill.( Keep in mind the whole gutter and downspout job was configured and installed wrong.) I finally sent him a check for the full cost of the roof with “Full and Final Payment” in the note. He cashed the check and then started threatening a lien. Oh yeah, and the gutters are leaking. I sent him video of it to which he never responded and now he’s filing a lien. In addition to these issues they did not fulfill the contract in a couple of other ways. They never finished installing the downspouts (missing laterals) and left a mess in our yard. I can not believe that there is no recourse in WI for challenging the lien. It makes no sense. I would rather pay more to a lawyer to keep this sleazy contractor from getting money he didn’t earn, doesn’t deserve and shouldn’t get, rather than allow him to think that he has free rein to continue to cheat and fleece homeowners in this manner. Please help

1 reply

May 8, 2020

Mechanics lien claims are only available to the extent that work is performed and unpaid. And, when a contractor agrees to a settlement and cashes a check clearly intended to be final payment, they can't later opt to file a mechanics lien after changing their mind. A copy of the check and proof that the check was cashed, in and of itself, should be solid grounds for challenging a mechanics lien. Plus, when the contractor has obviously breached their contract and even performed defective work - both issues could also serve as solid grounds for challenging the lien. But, as you mentioned above - it is possible for a claimant to get their lien filed. And that's true even if there's a dispute over what's owed and dispute over the quality of the work. Naturally, those two issues are common any time a lien is filed. But, in egregious situations, owners can be entitled to damages, fees, costs, etc. to make them whole if the lien claimant has fraudulently filed their mechanics lien claim. And, other claims - such as breach of contract - could be on the table, as well. If a lien has been filed on your property, or if it seems like one is imminent, it'd be wise to consult a local Wisconsin construction attorney. They'll be able to help fend off potential lien claims or combat the lien filing, if necessary. And, often, simply sending a demand letter requiring the claimant stand down and refrain from filing their lien will be enough if the owner can show they know their rights and can show that the lien would be bogus. These resources should be valuable, too: (1) I Just Received a Mechanics Lien Threat – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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