Wisconsin Mechanic Lien Filing Deadlines

Claim of Mechanic Lien — 6-Month Filing Deadline (§779.06(1),(3))

Under Wisconsin law, all claimants must record a Claim of Mechanic Lien within 6 months after the mechanic lien claimant last furnished labor or materials. The Claim of Mechanic Lien must be recorded with the Clerk of Circuit Court in the county where the property is located. §779.06(1),(3).

This 6-month deadline is uniform for all claimant types — prime contractors, subcontractors, and suppliers. The deadline runs from the date of last furnishing of labor or materials, not from project completion.

Prerequisite: Notice of Intent to File (§779.06(2))

Before recording the Claim of Mechanic Lien, all claimants must have served a Notice of Intent to File a Mechanic Lien Claim on the property owner at least 30 days before filing, after substantial completion of the contractor's specific work. This is a critical prerequisite — failure to serve this notice may invalidate the mechanic lien claim.

The 30-day notice period gives the property owner an opportunity to resolve the dispute before the mechanic lien is actually recorded. Claimants should serve the Notice of Intent promptly after substantial completion to maximize the available time for filing the mechanic lien.

Payment Bond Extinguishment (§779.035, §779.03(2))

If the prime contractor, pursuant to agreement with the owner, furnishes a payment bond meeting the requirements of §779.035, then subcontractor and material supplier mechanic lien rights are extinguished. In this case, any claim must be made against the payment bond rather than by filing a Claim of Mechanic Lien on the property.

Subcontractors and suppliers should determine early in the project whether a qualifying payment bond has been furnished, as this fundamentally changes the remedy available for non-payment.

Service Requirements — 'Serve' Definition

Under §779.01(2)(c), 'serve' means personal delivery, delivering by registered or certified mail, or any other means in which the recipient makes written confirmation of the delivery. All notice and filing service requirements must comply with this definition to be valid.

Expanded Definition of Materials

Wisconsin has expanded the definition of 'materials' to include any construction materials, supplies, tools, fixtures, equipment, machinery, vehicles, fuel, and energy under Wis. Stat. §779.01(bm). This broad definition ensures that a wide range of contributions to the construction project are eligible for mechanic lien protection.