Wisconsin Notice Requirements

Prime Contractor — Contractor's Preliminary Notice (§779.02(2))

Prime contractors must serve a Contractor's Preliminary Notice on the property owner informing the owner of potential claims of subcontractors. This notice must be included in all written contracts or served within 10 days after first labor or materials are furnished if there is no written contract. The form and language of the notice are specified generally in the statute. §779.02(2).

This notice advises the owner that subcontractors and suppliers may have mechanic lien rights on the property and is designed to ensure owners are aware of their potential exposure before or shortly after construction begins.

Subcontractors & Suppliers — Non-Contractor's Preliminary Notice (§779.02(1))

For residential projects of 4 or fewer family units only, subcontractors and suppliers must serve a Non-Contractor's Preliminary Notice. Two copies must be served on the owner of potential claims within 60 days of first performance or delivery by the subcontractor or supplier. The form and language are specified generally in the statute. §779.02(1), §779.02(2)(b).

There is no limit on the number of tiers of subcontractors that may claim mechanic lien rights, with certain statutory exceptions. However, if the prime contractor furnishes a payment bond meeting the requirements of §779.035, subcontractor and material supplier mechanic lien rights are extinguished and claims must be made against the bond.

Notice of Intent to File a Mechanic Lien Claim (§779.06(2))

All claimants — both prime contractors and subcontractors — must serve a Notice of Intent to File a Mechanic Lien Claim on the property owner at least 30 days before the timely filing of the mechanic lien claim, after substantial completion of the specific contractor's work. §779.06(2).

This mandatory pre-filing notice gives the owner a 30-day window to resolve the dispute before the mechanic lien is actually filed. Failure to serve this notice may invalidate the mechanic lien claim.

Payment Bond Claims — 60-Day Written Notice (§779.035(2))

When a prime contractor furnishes a payment bond, subcontractors and suppliers must notify the prime contractor in writing within 60 days of first performance to preserve their bond claim rights. Exceptions apply when: the contract does not exceed $5,000; the subcontractor or supplier is listed in the written contract or an appended document; or the claim is made by an employee.

The same 60-day notice applies on public works projects under §779.14(2). The subcontractor must notify the public body and prime contractor in writing within 60 days of first performance, with the same exceptions as private bond claims.

Mechanic Lien on Funds — Notice of Claim (§779.036)

Where a payment bond has been issued on private works, subcontractors and suppliers may also pursue a mechanic lien on funds not yet paid to the contractor. A Notice of Claim must be served on the owner and lender prior to funds being paid to the contractor, and on the contractor or subcontractor within 7 days after service on the owner and lender. Notice must also be served concurrently on the prime contractor.

If the contractor does not dispute the claim, the claim must be paid on demand within 30 days. §779.036(1)-(3).

Equipment Lessors — No Mechanic Lien Rights

Equipment lessors do not have mechanic lien rights under Wisconsin law. Lessors cannot file a Claim of Mechanic Lien or make a bond claim for equipment rentals. This is an important distinction from many other states that provide mechanic lien rights to equipment rental companies.