Wisconsin Mechanic Lien Enforcement Deadlines

Private Works — 2-Year Suit Deadline (§779.06(1))

Under Wisconsin law, a mechanic lien claimant must file suit to foreclose the Claim of Mechanic Lien within 2 years after the mechanic lien is recorded with the Clerk of Circuit Court. This is one of the longest enforcement periods in the United States.

Failure to commence suit within the 2-year period will result in the expiration of the mechanic lien. Despite the generous window, claimants should not delay enforcement unnecessarily, as the property owner may seek to discharge the mechanic lien.

Private Works — Payment Bond Suit Deadline (§779.035(2))

When the prime contractor has furnished a qualifying payment bond and mechanic lien rights are extinguished, subcontractors and suppliers must file suit against the surety within 1 year after completion of the contract according to the terms of the payment bond. §779.035(2).

Claimants must have served written notice to the prime contractor within 60 days of first performance to preserve bond claim rights, unless one of the statutory exceptions applies (contract under $5,000, listed in the contract, or employee claim).

Private Works — Mechanic Lien on Funds Suit Deadline (§779.036(3))

When pursuing a mechanic lien on funds not yet paid to the contractor (where a payment bond was issued), the claimant must file suit within 3 months after the Notice of Claim is served on the owner and lender, if the contractor disputes the claim. If the contractor does not dispute the claim, it must be paid on demand within 30 days.

Public Works — Payment Bond Suit Deadline (§779.14(2))

On Wisconsin public works projects, subcontractors and suppliers must file suit within 1 year after completion of work under the prime contract, naming the prime contractor and bond sureties. §779.14(2).

The same 60-day written notice to the public body and prime contractor is required as for private payment bonds, with the same statutory exceptions. Coverage on public works generally extends to subcontractors and first-tier suppliers with direct contracts with the prime contractor or a first-tier subcontractor.

Public Works — Mechanic Lien on Funds Due Prime Contractor (§779.15)

Subcontractors and suppliers may also pursue a mechanic lien on funds due the prime contractor from the public body. A Notice of Claim must be sent to the public body while there is still a balance due to the prime contractor — there is no specific deadline, but the notice must be sent while funds remain available.

If the prime contractor disputes the claim, suit must be filed within 3 months of giving notice to the public body and prime contractor. §779.15.

Summary of Wisconsin Enforcement Deadlines

The following deadlines apply to enforcement of Wisconsin construction mechanic liens and bond claims:

• Private Works Mechanic Lien: File suit within 2 years after mechanic lien is recorded (§779.06(1))
• Private Payment Bond: File suit within 1 year after contract completion (§779.035(2))
• Private Mechanic Lien on Funds: File suit within 3 months if contractor disputes (§779.036(3))
• Public Works Bond: File suit within 1 year after completion of prime contract (§779.14(2))
• Public Works Mechanic Lien on Funds: File suit within 3 months if contractor disputes (§779.15)