When a contractor was not paid for labor and/or materials, they can file a construction lien on the piece of property where the “improvement” was made.
Per WI §779.01(2)(a): “Improve” or “improvement” includes any building, structure, erection, fixture, demolition, alteration, excavation, filling, grading, tiling, planting, clearing or landscaping which is built, erected, made or done on or to land for its permanent benefit.
Construction liens cannot be recorded if:
- It is longer than SIX months from the completion of work/labor or supplying materials.
NOTICE OF INTENT:
- Service of the Notice of Intent has to be made on the individual at least 30 days prior to recording the Claim for Lien to allow the party time to respond. The Notice of Intent should be mailed by certified mail with a return receipt as proof of service.
CLAIM FOR LIEN:
- File at the Clerk of Courts Office with a copy of the Notice of Intent that was served on the party and proof of service (i.e. return receipt from certified mail - a copy will be accepted).
Note: The property description is required on the claim for lien.
The fee for filing your Claim for Lien is $5.00.
Construction liens are recorded against the property for a maximum of TWO years.
Check with your local bookstore for the availability of the above forms.
Note: You must have also complied with notice requirements in Wisconsin Statute 779 prior to following the procedure stated above.