howPreliminary or intent

7 months 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
439 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.

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
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