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Serve notice of lien rights?

WisconsinMechanics Lien

What wording is needed in our contracts to serve our notice of lien rights?

1 reply

Oct 19, 2022

That's a great question because it goes to the need for precision and clear language in a contract. While the complete answer to your question depends on specifics of a project, we can use a general example as a general educational comment where material improvements are drywall, tile, or roofing. Lien rights relate to repairs or improvements to property. The contract should, at a minimum, identify the project type, scope of services (repairs or improvements), legal description of the specific property to be improved, title holder (owner) of the property, authorization to proceed by the owner or owner authorized representative. In some cases, it is advisable to obtain a letter report verifying title holder/owner and any lien holders. Residential, commercial, and condominium projects can have their own subset of details that should be in the contract depending on the project. For example, for a Wisconsin condo project, it is important to identify whether the scope of work improves an owner-owned unit versus improvement to common areas. If reciting a Wisconsin statutory lien provision, a recommended approach is copy and paste the relevant statutory language into the contract. Anyone seeking specific advice on a project or project contract, should feel free to connect with me or an attorney of your choice.   

When it comes to construction matters, contract details matter because the profit is in the details!  

Steve Schinker, Essential Counsel 715-573-2077

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