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In Wisconsin is a Preliminary Notice required on a commercial project?

I am a carpentry subcontractor that has a subcontract with a General Contractor on a commercial office build out. We do not file preliminary notices, however we did file an intent to file a lien within the time frame. Is it OK to file a lien or because we we did not file a preliminary notice that it will not be valid? We are not talking a huge dollar amount. Contract was for $19,291 and the amount remaining to be paid is $6,578.50.

1 reply

May 13, 2020

In Wisconsin, for a subcontractor to secure their mechanics lien rights a preliminary notice (known as a Subcontractor Identification Notice Form) should be sent within 60 days of first furnishing labor or materials to the project. This notice can still be sent after the 60 day period, but it will only cover labor and materials provided after the owner received the notice.

See:
- Wisconsin Preliminary Notice Guide
- Can I File a Mechanics Lien if I Didn't Send a Preliminary Notice?

A mechanics lien is likely unavailable given the circumstances. However, there are still other options available. You can begin to send payment demand letters to escalate your payment dispute. Also, since the amount in dispute is under $10,000 a small claims court claim for breach of contract or unjust enrichment is an option as well.

Here is a link provided by the Wisconsin courts: Basic Guide to Wisconsin Small Claims Actions

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