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Preliminary notice in Wisconsin

WisconsinLien Deadlines

I'm a general contractor on a commercial project. The owner signed a contract/ proposal for the work I performed. I now need to file a lien and a notice of intent. Does the sign contract work for a preliminary notice? The owner is trying to sell the business quickly to avoid paying the contractors. I have finished the notice of intent but I'm wondering if I'm waisting my time? Why would you need a preliminary notice when you cant predict the future? Isnt a signed contract legally binding?

1 reply

Feb 22, 2022
A preliminary notice is not required for a private unbonded commercial project. However, you must file a Claim for Lien with the Clerk of Circuit Court in the county where the property is located within 6 months from the last performance of labor/services. You must also file a Notice of Intent to File Claim for Lien on the property owner at least 30 days prior than the Claim for Lien (so in practice, sometime earlier than 5 months from the last perfomance of labor/services). However, it sounds like you need to move quickly to preserve your legal rights, either through a lien or simply filing a lawsuit right away. A signed contract that is breached gives rise to a legally enforceable cause of action. Feel free to reach me through my website, michaeljohnsonlegal.com, for a free consult.
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