Wisconsin Construction Lien Guide
Wisconsin mechanics lien rights are governed by Wisconsin Statutes Chapter 779.
If you provide labor, materials, services, or equipment that improve real property in Wisconsin, this guide explains how to protect your lien rights, including notice requirements, filing deadlines, and the step-by-step process to record and enforce a Wisconsin construction lien.
In Wisconsin, the terms Mechanics Lien, Construction Lien, and Lien Claim are commonly used to describe the same legal right.
LET’S LEARN THE BASICS OF WISCONSIN CONSTRUCTION LIENS
⭐ Who Can File a Mechanics Lien in Wisconsin?
Wisconsin grants lien rights to most parties who improve real property, including:
General contractors
Subcontractors
Sub-subcontractors
Material suppliers
Equipment rental companies
Laborers
Restoration and remediation contractors
Architects, engineers, surveyors, and other design professionals
If you furnished labor, materials, or services to a Wisconsin project and were not paid, you may have lien rights.
⭐ Wisconsin Lien Deadlines (Critical)
LIEN IT OR LOSE IT! Wisconsin lien deadlines are strict, and missing any required step can eliminate your lien rights.
Wisconsin has three critical timing rules:
1️⃣ Pre-lien notice requirements
2️⃣ Lien filing deadline
3️⃣ Lien enforcement deadline
Deadline #1: File a Pre-Lien Notice
This pre-lien notice requirement is one of the most important parts of Wisconsin lien law. Failing to send the required notice can result in partial or complete loss of lien rights — even if the owner knew you were working on the project.
Deadline #2: File a Wisconsin Mechanics Lien
After satisfying notice requirements, you must record your lien within 6 months of your last furnishing of labor, materials, or services.
This deadline is strict and cannot be extended.
Deadline #3: Enforce a Wisconsin Mechanics Lien
A recorded Wisconsin lien must be enforced through a lawsuit within 2 years of the lien filing date. If enforcement is not timely pursued, the lien becomes unenforceable.
BEFORE YOU CAN FILE A WISCONSIN CONSTRUCTION LIEN, YOU MUST DETERMINE WHETHER A PRE-LIEN NOTICE IS REQUIRED. WISCONSIN DOES NOT USE A “NOTICE OF FURNISHING OR PRELIMINARY NOTICE”. INSTEAD, WISCONSIN LAW REQUIRES MOST LIEN CLAIMANTS TO PROVIDE ADVANCE WRITTEN NOTICE TO THE PROPERTY OWNER IN ORDER TO PRESERVE LIEN RIGHTS.
What Is a Wisconsin Pre-Lien Notice?
A Wisconsin Pre-Lien Notice (sometimes called a Notice of Intent to Claim a Lien) is a legal document that serves one primary purpose:
To notify the property owner that you are providing labor, materials, or services to the project and may file a construction lien if you are not paid.
The notice protects lien rights by formally identifying potential lien claimants early in the project.
Who Must Send a Wisconsin Pre-Lien Notice?
Most lien claimants must send a pre-lien notice, including:
Subcontractors
Sub-subcontractors
Material suppliers
Equipment rental companies
Specialty trade contractors
Who Does NOT Need to Send a Wisconsin Pre-Lien Notice?
Laborers
Certain parties working on public projects
Some design professionals (depending on contract structure)
Special Rule for General Contractors in Wisconsin
General contractors are not exempt from notice requirements in Wisconsin. Instead, they must provide a written pre-lien notice to the property owner before beginning work.
This notice may be:
Included directly in the written contract or
Delivered as a separate written notice before work starts
If a general contractor fails to give this notice, lien rights may be limited or completely barred, even if the contractor is unpaid.
Wisconsin Pre-Lien Notice Deadline (Subcontractors & Suppliers)
Subcontractors and suppliers must serve the pre-lien notice within 60 days of first furnishing labor, materials, or services.
If the notice is not sent within this 60-day period, lien rights may be lost.