howPreliminary or intent

1 week ago

We were hired by the owner of a property. We supplied excavation and grading services as well as materials for a road project.
I have a “NOTICE OF LIEN RIGHTS” paragraph in my contracts. We started the project in April,2019, last worked on property 12/23/2019. Can I send intent notice?

Senior Legal Associate Levelset
95 reviews

This sounds very similar to another recent question that was published here at the Expert Center, which you can find here: Wisconsin Preliminary Notice and Notice of Intent.

As mentioned in that answer, if a Wisconsin prime contractor properly sends or includes the required Notice of Lien Rights, then they’ll generally be entitled to pursue a mechanics lien – and, before a lien can be filed, a Wisconsin Notice of Intent to Lien must be sent.

As for the relevant timeframes: The deadline to file a Wisconsin lien is 6 months from the last furnishing of labor or materials, and a Notice of Intent to Lien must be sent at least 30 days before a Wisconsin lien can be filed. But, note that some less-adversarial methods – like sending invoice reminders or even payment demand letters – can be helpful in recovering payment without turning a payment issue into a full-blown dispute.

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