We are a subcontractor on a hotel project in WI. We have not been paid on our last two months of work but did not file a preliminary notice at the start of the project. Is there anyway to still file a lien?
Thanks,
Amy
1 reply
Sep 1, 2020
Unfortunately not. Under Wis. Stat. §779.02(2)(b): "Every person other than a prime contractor... shall have a lien and remedy under this subchapter only if within 60 days of performing, furnishing or procuring the first labor, services, materials, plans, or specifications the person serves a written notice."
Sending this "Subcontractor Identification Notice" is an absolute prerequisite to filing a Wisconsin mechanics lien claim for subs. This notice can even be sent late, but will only cover labor and materials provided after the owner receives the notice. But failing to provide the notice during the course of the project is fatal to a claimant's lien rights.
Since you can't file a mechanics lien, your legal remedies for non-payment will be limited to actions based on breach of contract and unjust enrichment. Furthermore, if the amount in dispute is $10,000 or less, these actions can be brought in a Wisconsin small claims court. We have a few Wisconsin-based construction attorneys in our Expert Center Community that may be able to help.
These options and more are explored in this article: Can't File a Lien? Here Are Other Options for Recovery
Good luck!