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A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules on who can lien, what notices are required, and when liens must be filed and enforced. This guide walks through the essentials of Wisconsin's lien rights so you can better protect your right to be paid.
Required if working with subcontractors; submit either with a written contract or within 10 days of first furnishing
Notice of Right to Lien required within 60 days of first furnishing; must serve two signed copies of notice
Not required
Required at least 30 days before filing a lien
Required at least 30 days before filing a lien
Required at least 30 days before filing a lien
Within 6 months from last furnishing
Within 6 months from last furnishing
Within 6 months from last furnishing
Within 2 years of the lien filing date
Within 2 years of the lien filing date
Within 2 years of the lien filing date
Unpaid labor, services, materials, plans, or specifications performed, furnished, or procured
Unpaid labor, services, materials, plans, or specifications performed, furnished, or procured
Unpaid wages and related contributions
Wisconsin's mechanic's lien law is governed primarily by Wis. Stat. §§ 779.01–779.13. These liens apply only to private construction projects. (Public projects cannot be liened. Nonpayment on public work is handled through payment bond claims, not mechanic's liens; see Wis. Stat. § 779.14.)
Wisconsin is known for its layered notice system. Depending on your role and the type of project, you may need to send a preliminary notice to preserve your right to lien. Additionally, everyone working on private projects in Wisconsin must send a Notice of Intent to Lien before actually filing the lien. Missing either of these steps can partially or completely wipe out lien rights.
Apart from that, Wisconsin's lien filing and enforcement windows are pretty straightforward. Let's dig in.
Wisconsin lien rights extend broadly to parties contributing to the improvement of land, including:
- Prime (general) contractors
- Subcontractors of any tier
- Material suppliers and vendors
- Laborers and mechanics
- Design and construction service providers, including architects, engineers, surveyors, construction managers, and similar providers
Wisconsin’s mechanic’s lien law protects work that contributes to an “improvement” made or done on the land. (See Wis. Stat. § 779.01(2)(a) for complete definition.)
Here are examples of what’s considered lienable and what isn’t.
Lienable Work in Wisconsin
- Construction, demolition, alteration, and remodeling
- Excavation, grading, filling, tiling, and site prep
- Repairs and renovations
- Landscaping, planting, and clearing
- Materials, equipment, fuel, and energy used or consumed
- Professional services like design, engineering, and surveying
- Labor wages and certain related contributions
Non-Lienable Work in Wisconsin
- Work on public projects
- Work not performed under a qualifying improvement contract
- Items not actually used or consumed in the project
Before filing a lien in Wisconsin, make sure you’ve met any preliminary or pre-lien notice requirements that apply to your role (see table above).
Deadline to File
All claimants must file a Claim for Lien within six months after they last performed, furnished, or procured labor, services, materials, plans, or specifications (Wis. Stat. § 779.06(1)).
Filing Requirements
- Filing location: File the Claim of Lien with the Clerk of Circuit Court in the county where the property is located.
- Form requirements: Under Wis. Stat. § 779.06(3), the Claim of Lien form must include:
- A statement of the contract or demand on which the claim is based
- The name of the person against whom the claim is made
- The name of the lien claimant (and any assignee)
- The last date labor, services, materials, plans, or specifications were furnished
- A legal description of the property subject to the lien
- The amount claimed
- Attached copies of any required notices, including a preliminary notice (if applicable) and Notice of Intent to Lien
- Verification: The form does not need to be notarized; just signed by the claimant or their attorney.
- Filing fee: Can vary by county; set by Wis. Stat. § 814.61(5).
Service Requirements
After filing a Claim of Lien, a claimant must serve a copy of the filed lien on the property owner within 30 days after filing (Wis. Stat. § 779.06(1)).
Service must comply with Wis. Stat. § 779.01(2)(e), which defines acceptable service methods, including personal delivery and certified or registered mail.
Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in Wisconsin.
Enforcement Requirements
- Enforcement deadline: Start a lien foreclosure action within two years after filing the lien claim.
- Filing location: File a lien foreclosure action with the circuit court where the property is located.
- Lien priority: Lien priority is generally established at the visible commencement of work on the project. Liens have priority over later-recorded interests, with limited statutory exceptions listed under Wis. Stat. § 779.01(4).
Lien Release Requirements
Once the lien is satisfied, the claimant must provide a lien release to anyone who requests it. The release gets filed with the clerk of the circuit court, who records it in the lien docket. If the lien isn’t properly released, the claimant could be liable for up to half of the original lien amount (Wis. Stat. § 779.13).
- Unified workflow: Manage lien rights within your billing and collections workflow to keep payment context in one place.
- Automated compliance: Automatically track critical deadlines and milestones based on each state's lien laws.
- Meaningful visibility: View the lien protection status for each project to identify and mitigate risk.
- Document creation: Generate state-specific lien notices instantly using existing project data
- Integrated delivery: Send notices via certified mail directly from Siteline to streamline delivery.
Wisconsin lien law doesn’t say you have to be licensed to file a mechanic’s lien. That said, being unlicensed can still come back to bite you later and ultimately weaken your ability to collect.
Yes. Subcontractors, suppliers, and other lower-tier parties can file mechanic’s liens in Wisconsin even without a direct contract with the owner.
No, Wisconsin’s lien timelines are set by statute and can’t be shortened by contract.
Yes. All lien claimants in Wisconsin must send a Notice of Intent to File a Lien at least 30 days before filing the Claim for Lien, regardless of whether any prior notices were required or already sent (Wis. Stat. § 779.06(2)).
This notice must briefly describe the nature of the claim, the amount owed, and the property involved. Skipping this step will invalidate the lien.
Often, yes, but it depends on your role and the project.
Most subcontractors and suppliers must serve a Notice of Right to Lien within 60 days of first furnishing labor or materials. The notice must be prepared with two signed copies and delivered to the property owner. Laborers are exempt.
Prime contractors have a separate notice requirement that typically must be included in the owner contract or served shortly after work begins if subcontractors or suppliers are used. Missing required notices can limit—or eliminate—lien rights (Wis. Stat. § 779.02).
There is no statutory lien waiver form in Wisconsin, so parties are free to use any format they choose. To ensure complete compliance, brush up on the specifics in our Wisconsin lien waiver guide before your next project.
You can generally lien for the unpaid value of labor, services, materials, and professional work that went into improving the property. This can include things like:
- On-site labor
- Materials used or consumed in the project
- Equipment or fuel used on the job
- Qualifying design or engineering services
What you usually can’t include are things like attorney fees, interest, or unrelated damages.
Be careful not to overstate a lien, as that can weaken your position if the claim is challenged or enforced.
No. Lien rights can come from written, verbal, or even implied agreements, as long as the work qualifies as a lienable improvement. Even so, written contracts are always the safest route. They make it much easier to prove what you were hired to do and how much you’re owed if the lien is challenged.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.