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when should I file a pre-lien

MinnesotaPreliminary NoticeRight to Lien

I am a general contractor and subcontractor working with residential shower door glass and mirror installations, labor and material in Minnesota and Wisconsin. The first time we are at the residence is to measure the site of the work. We do not charge for this measure. We order the material for the job the day the customer or the general contractor give us the go ahead. We don't typically do the installation until 10 days later. What date should we pre-lien to start the clock in Minnesota and Wisconsin?

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May 5, 2020

Minnesota preliminary notices

The Minnesota preliminary notice (or pre-lien) requirements are found under Minn. Stat. §514.011. The requirements can vary depending on the claimant's role in the project. Failure to provide either of these required notices can be fatal to your lien rights. There are some exceptions that can be found here, but the general rules are as follows.

General/Direct Contractors in MN

The required notice language should be included in the contract with the owner or separately within 10 days of agreeing on the work. The notice language should be in 10pt, bold font, and state:
  • Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice.

Subcontractors in MN

Subcontractors are required to serve a Minnesota Lien Claimant's Notice on the owner no later than 45 days of when the claimant first furnished labor, skill, or materials to the project. So the 45-day clock will begin to count from the first day on the project. This notice must be served either personally or by certified mail.

Wisconsin preliminary notices

The Wisconsin preliminary notice requirements are found under Wis. Stat. §779.02. Again, these requirements change depending on your project role.

General/direct contractors in WI

The required notice language should be included in the contract with the owner. If there is no written contract, this notice can be served separately within 10 days after the first labor, services, materials, plans, or specifications are performed.  If serving separately, it must be done personally or by registered or certified mail. Failure to send this notice is fatal to lien rights unless (1) the contractor pays all subs and suppliers within 6 months after they last provided labor/materials to the project, and (2) no subs or suppliers provided preliminary notice within the required timeframe.

Subcontractors in WI

A subcontractor must provide preliminary notice if the project is residential property of 4 or fewer units and the prime contractor is not the owner. This should be provided to the owner within 60 days after performing, furnishing, or procuring the first labor, services, materials, plans, or specifications. Two copies of this notice must be served personally or by registered or certified mail. Sending late notice isn't fatal to the claimant's lien rights, but it will only cover the value of labor and materials provided after the notice.

WI Notice of Intent to Lien requirements

All claimants in Wisconsin, must send a Notice of Intent to File a Claim of Lien at least 30 days before filing a lien claim. This is a strict rule, a lien cannot be filed unless this notice was provided at least 30 days prior.   *In any case, and regardless of which state you're working in, the earlier you send a preliminary notice, the better. In fact, even if not required, it's a good idea to send one anyways. This will help promote visibility on the project and get you paid faster.

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