Preliminary or intent

9 months ago

I was hired by the owner of a property. We provided excavation, grading and some materials for a small subdivision. I have a “NOTICE OF LIEN RIGHTS” paragraph in my contract.
We started the project in April of 2019, last worked on it 12/23/19. Do I now send intent?

Senior Legal Associate Levelset
477 reviews

This sounds very similar to another question we received recently, which you can find here: Wisconsin Preliminary Notice and Notice of Intent.

As discussed in that answer, it’s ultimately up to the claimant when it’s time to send a Notice of Intent to Lien. On one hand, sending one too early might not be the best way to work with a customer. But, on the other hand, waiting too late to send one may put lien deadlines in jeopardy or lessen the effectiveness of the leverage the Notice of Intent can provide. Ultimately, though, the deadline to file a Wisconsin mechanics lien will be 6 months after last furnishing, and the deadline to send a Notice of Intent to Lien will be 30 days before that deadline.

Finally, keep in mind that other tools – like invoice reminders or demand letters – can be effective to force payment, too, without escalating the dispute to the point of a lien claim.

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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