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General contractors must submit a preliminary notice on private projects.
For prime contractors, failure to give the notice timely is generally fatal to a later lien claim.
General contractors are not required to send notice on public projects.
Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.
Subcontractors and suppliers must send notice on private projects.
If given more than 60 days after the first furnishing of labor and/or materials, the notice only covers labor and/or materials furnished after the property owner receives notice.
Subcontractors and suppliers must send notice on public projects.
In Wisconsin, preliminary notice is generally required to preserve a claimant’s right to make a bond claim, unless one of the specific exceptions apply.
Wisconsin requires that certain preliminary notices be sent in order to have a valid lien claim. However, these notices depend on project type, the claimant’s tier, and are subject to exceptions. There is nothing that prohibits any party from sending preliminary notices. So to be safe, a preliminary notice may be sent by all parties on all projects.
The questions and answers below will go ingo more detail on the different notices that may be required.
Prime Contractor Notice: those parties with a direct contract with the property owner (potentially subject to some exclusions) must provide a notice either in the contract or within 10 days of beginning work.
Sub/Supplier Notice: Must be received within 60 days of first furnishing of labor and/or materials to the project, and, presumably, at least 30 days prior to filing the lien. The exceptions have almost fully consumed this notice; and now it seems the only project type for which this notice is required is residential construction of between 1 to 4 units.
Notice of Intent to File a Claim of Lien: Required by all parties who plan to file a mechanics lien, and may be filed at any time after the labor and/or materials have been furnished to the project. This notice must be served at least 30 days prior to the filing of the mechanics lien.
Finally, if you’re providing project specs, plans, or blueprints; first furnishing should be based on when those are provided.
Prime Contractor Notice: Failure to give the notice timely is fatal to a later lien claim UNLESS the prime contractor: 1) pays all obligations to suppliers and subcontractors within 6 months of the time they last performed services; 2) the time for subcontractors to provide any preliminary notices has passed and no lien claimant has given such notice (or all the subs and suppliers have waived lien rights).
Sub/Supplier Notice: If given more than 60 days after the first furnishing of labor and/or materials, it only covers labor and/or materials furnished after the property owner receives notice.
Notice of Intent to File a Claim of Lien: Failure to provide this notice timely is fatal to a subsequent lien claim.
Prime Contractor Notice: If not contained within the actual contract, it must be sent by certified or registered mail, personal service, or other method in which the recipient gives written confirmation of delivery. Actual receipt of the notice is essential.
Sub/Supplier Notice: Two copies must be served on the property owner, by the same method as the prime contractor notice above.
Notice of Intent to File a Claim of Lien: One copy must be served on the property owner, by the same method as the two notices above.
Prime Contractor Notice: No.
Sub/Supplier Notice: No.
Notice of Intent to File a Claim of Lien: It is not required for a lien claimant to serve any party other than the property owner, but it may be best practice to serve the prime contractor and lender (if known), as well.
Prime Contractor Notice: Considered delivered when received.
Sub/Supplier Notice: Considered delivered when sent.
Notice of Intent to File a Claim of Lien: Considered delivered when sent.
It depends. In Wisconsin, preliminary notice is generally required to preserve a claimant’s right to make a bond claim, unless one of the specific exceptions apply. Parties who are not required to send preliminary notice prior to making a bond claim in Wisconsin are claimant’s whose contract was for less than $5000, claimants who are employees of the general or sub, and claimant’s listed in the contract between the general and the sub.
Preliminary notice is not required from any party prior to making a claim on the contract funds.
Bond: In Wisconsin, the preliminary notice must be received by the general contractor within 60 days from the claimant’s first furnishing of labor and/or materials to the project.
Contract Funds: N/A
Bond: When required, preliminary notice is mandatory, and the failure to timely provide preliminary notice is fatal to the claim.
Contract Funds: N/A
Bond: The preliminary notice must be served on the general contractor via registered or certified mail, personal service, or other means of delivery in which the recipient gives written confirmation of delivery/receipt. It is not explicitly outlined in the statute, but it appears likely that actual receipt of the preliminary notice is essential to the future claim.
Contract Funds: N/A
Bond: In Wisconsin, preliminary notice should be delivered to the general contractor supplying the bond.
Contract Funds: N/A
One of the easiest issues to pop up on a construction job is to use informal or sloppy change order processes. Requiring that all change orders be in writing and signed will help make sure that you're aware of all changes on the project, and it will avoid disputes over whether extras were approved and what should be paid for those extras.
Further change order discussion here: Change Order Form — Free Template Download and Best Practices.
Wisconsin generally requires preliminary notice from all parties – there is one specific notice required for project participants who contract directly with the property owner (and who contract with at least one sub or supplier), and there is a different separate notice required for project participants who don’t contract directly with the property owner. When required, the direct contractor’s notice must be provided either in the contract itself or within 10 days of first furnishing labor or materials to the project; and, the sub-tier notice must be provided within 60 days of the date the project participant first furnished labor or materials to the project.
However, there are exceptions to these rules that are relatively extensive. Neither the direct nor sub-tier notice is required in any of the following situations:
These exceptions render the preliminary notice requirement limited to residential projects of 4 or fewer units where the prime is not an owner.
Wisconsin also has an additional requirement, however. A Notice of Intent to File a Claim of Lien is required by all parties who intend to file a lien. This notice must be delivered at least 30 days prior to filing the lien (he lien deadline is 6 months form the last date of furnishing labor or materials to a project, so the NOI deadline is 5 months from last furnishing).
First, read the guide for preliminary notices in Wisconsin. The guide provides a rundown of everything you need to know about preliminary notices in Wisconsin, including the information you must include, the deadlines you must follow, and the parties that must receive your notice.
Next, download a free Wisconsin preliminary notice form. Wisconsin’s construction laws set specific requirements for how preliminary notices should be worded and formatted. Our free forms were created by construction attorneys to get this part right.
After you download your preliminary notice, it’s time to fill the form out. It’s important to make sure you get this part right. That’s because making a mistake when filling the form out could eliminate your right to file a Wisconsin mechanics lien in case you’re left unpaid. Make sure the information you include on the form is accurate and complete.
The final step is to deliver your Wisconsin preliminary notice. You can send your preliminary notice via personal service, registered mail, or certified mail, return receipt requested.
Send your notice within the prescribed deadline, and make sure to keep a receipt as proof of proper service. Note that subcontractors and suppliers must send two copies of the notice to the property owner.
Select Preliminary Notice document.
Provide basic job information.
Levelset sends the document for you. Postage included!