I did not send a preliminary notice.
It was a commercial site and after things were getting “messy”, the property owner’s construction manager took over as General Contractor in which I worked along side. Is my preliminary notice required? Is this clause stating I am not required if it is a commercial site and if I worked under the property owner’s company?
779.02. Notice required to preserve lien rights; exceptions; saving clause; obligations of contractors
(1) Exceptions to notice requirement. The notice required to be given by lien claimants under sub. (2) shall not be required to be given in the following cases only:
(a) By any laborer or mechanic employed by any prime contractor or subcontractor.
(b) By any lien claimant who has contracted directly with the owner for the labor, services, materials, plans, or specifications performed, furnished, or procured, unless the claimant is a prime contractor subject to the notice requirement of sub. (2)(a).
(c) By any lien claimant performing, furnishing, or procuring labor , services, materials, plans, or specifications for an improvement in any case where more than 4 family living units are to be provided or added by such work of improvement, if the improvement is wholly residential in character, or in any case where the improvement is partly or wholly nonresidential in character.
(d) By any prime contractor who is personally an owner of the land to be improved, by any corporate prime contractor of which an owner of the land is an officer or controlling shareholder, by any prime contractor who is an officer or controlling shareholder of a corporation which is an owner of the land or by any corporate prime contractor managed or controlled by substantially the same persons who manage or control a corporation which is an owner of the land.
(e) By any lien claimant, other than a prime contractor, who performs, furnishes, or procures labor , services, materials, plans, or specifications for an improvement on a project on which the prime contractor is not required to give notice under this section.