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Wisconsin Questions
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Wisconsin
We were hired by the owner of a property for road construction services and some materials. Started April 2019, last worked 12/2/2019. Our contract documents have a "notice of lien rights" paragraph.
Am I able to send the intent notice?
WisconsinWe did not file the preliminary notice as the GM on a residential home- the main supplier did. The homeowner refuses to pay the final payment on the GC fee. We did file an intent to lien but have we lost our right to collect because of the Preliminary notice?
WisconsinWe're working directly with a school - is there any way that we can ensure we get paid. It sounds like only subs can submit claims against the GC's bond. So do we need to take out insurance (or a bond) on our own project.
What incentive is there for the school to pay us in that case? It seems like a loophole for them.
WisconsinWe had provided the first materials of this project on 9/13/2019 and were promptly paid 30 days after. I did not send a preliminary notice as an oversight since we were being paid. Then in November, on the 27th, we shipped the balance of the job. Now we are having a dispute over this payment. It isn't technically late, but they are claiming backcharges on us for things that we did not do. Point is, I didn't send a Preliminary Notice and now I would like to begin with the lien process. Is there anything we can do about this? I feel we could change the first delivered date for this portion to the 27th of November and just send a Prelim Notice based on that dollar amount and then immediately after send a Notice of Intent to Lien as is our intention at this point. Any help is appreciated.
Thanks.
WisconsinSuperior contracted Dylan S. to complete a Low Voltage Wiring project at the Holiday Inn in WI. Dylan did not complete all of the original scope of the contract and it was mutually agreed upon that he would not be completing the full scope of the contract. Superior has been working with Dylan the past weeks to come to a fair resolution of amount due for the completed portion of the original scope of work. During this negotiation period, Solutions has submitted a Wis. Stats. 779.06 lien against Superior on Dec. 18, 2019. Superior holds a contract with Dylan, not Solutions for this project and Dylan did not disclosed that he had Solutions completing his work. We have paid Dylan close to 75% of the agreed upon project amount for work completed and have been working with him to finalize the last payment. According to the lien filed by Solutions, they are claiming that no money has been paid to them and Superior owes them the balance due. As Superior, how can we dispute the information provided for the lien?
WisconsinI did three days of work as a subcontractor for a company out of Virginia, it is known for not paying contractors, I recently found out Marathon Resource Management group has dozens if not hundreds of contractors in the same situation as me. I worked 3 days for them as a subcontractor painting a student housing complex in Oshkosh Wisconsin on August 23rd through August 25th 2019 they said I can expect to be paid within 45 days from completion of project and has now been delinquent for more than 2 months. I have not pursued this through lean, up until this point and so I have not filed or submitted/served any notices. I'm I still able to pursue this or did I miss my opportunity because I didn't file the first notice? Not sure if I'm understanding it correctly but I think I read that it needed to be done within 60 days of my last day of work? I have not signed any waivers.
WisconsinI have a customer who I sent a certified letter with return notice to that contains an intent to lien notice, but they either refused delivery, or didn't accept the post office attempt at delivery, can I still proceed with the lien, since attempt to deliver was made, Im located in Wisconsin
Wisconsin- Does the total amount and amount being considered for have to be on the Lien Waiver?
WisconsinIt was a commercial site and after things were getting “messy”, the property owner’s construction manager took over as General Contractor in which I worked along side. Is my preliminary notice required? Is this clause stating I am not required if it is a commercial site and if I worked under the property owner’s company?
779.02. Notice required to preserve lien rights; exceptions; saving clause; obligations of contractors
(1) Exceptions to notice requirement. The notice required to be given by lien claimants under sub. (2) shall not be required to be given in the following cases only:
(a) By any laborer or mechanic employed by any prime contractor or subcontractor.
(b) By any lien claimant who has contracted directly with the owner for the labor, services, materials, plans, or specifications performed, furnished, or procured, unless the claimant is a prime contractor subject to the notice requirement of sub. (2)(a).
(c) By any lien claimant performing, furnishing, or procuring labor , services, materials, plans, or specifications for an improvement in any case where more than 4 family living units are to be provided or added by such work of improvement, if the improvement is wholly residential in character, or in any case where the improvement is partly or wholly nonresidential in character.
(d) By any prime contractor who is personally an owner of the land to be improved, by any corporate prime contractor of which an owner of the land is an officer or controlling shareholder, by any prime contractor who is an officer or controlling shareholder of a corporation which is an owner of the land or by any corporate prime contractor managed or controlled by substantially the same persons who manage or control a corporation which is an owner of the land.
(e) By any lien claimant, other than a prime contractor, who performs, furnishes, or procures labor , services, materials, plans, or specifications for an improvement on a project on which the prime contractor is not required to give notice under this section.
WisconsinWe are asked to send lien waivers from our installers before we get paid for a project. Is there a way we can use a pay when paid type of waiver that will alow us to pay them out of the project instead of out of "our" accounts.
We sometimes use certified payroll forms for government projects and on those the installers state that they "are a self employed sole proprietor. Payment will be paid in a lulmp sum at the conclusion of the job. The job was billed at the rate equal to prevailing wage and total benefit package."
Could this form be used as a sort of lien waiver?
WisconsinLast year my basement flooded. I hired a company to waterproof and resurface the floor. The contractor suggested a "2 inch skim coat." It is cracked beyond belief and curling at intersections, not bonded, sealed or reinforced.. Obviously poured so wet that concrete is splashed up the wall and onto the ceiling. Contractor refused my request for delivery ticket as did Redi Mix plant. Contractor stated had he followed ready mix plant's instructions, he would have had to cut control joints every four feet. He is trying to tell me I have less cracks than cuts. At least forty concrete professionals state this work is unacceptable. He did not pour the floor properly. I took him to small claims but asked the judge to move to civil court as estimate to tear out basement and replace are $25,000.. Attorney tells me he would take most of my award and I still would not have a floor. Contractors insurance company cant understand why I would report this to the state. Dates were falsified on his intent to file a mechanics lien. I dont know if he is bonded.1) Not economically feasible to take to court. 2) Ins company trying not to pay 3) DATCP OF Wisconsin refused to assist me as in legal limbo. Any suggestions??
WisconsinNotice of intent to file lien. Does that have to be filed or can email notice be sufficient
WisconsinContractor poured a '2" skim coat' of concrete over basement floor to hide existing pits and cracks. He poured so wet that the concrete is splattered up wall and on ceiling. Floor has appearance of cracked glass. I have consulted with at least 25 cement contractors who say this is the worst they have ever seen...off the record. They tell me good luck and they feel for me but due to liability they don't want to get involved. Shoddy contractor has filed an intent to file a mechanics lien but never followed through.
WisconsinDoes a General Contractor have to provide Lien Waivers to the homeowner when the General Contractor has contracted with subcontractors to do the work?
WisconsinI am looking at buying a foreclosed property I got the title report back today and found out there was a lien on the property and the lien holder was never notified about the foreclosure. What happens to that lien?
Wisconsin