Wisconsin Mechanics Lien Statutes: Deadlines, Venues & Citations
Where Wisconsin liens are filed and enforced
A Wisconsin mechanics lien is filed with the Circuit Court Clerk in the county where the project sits — 6 months from last date of furnishing. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and Wisconsin claimants lose rights far more often by missing the second one than the first.
Wisconsin deadlines by claimant role
For subcontractors and suppliers: Preliminary notice — 60 days from first furnishing (Wis. Stat. § 779.06); Record the lien — 6 months from last furnishing (Wis. Stat. § 779.06); file suit — 2 years from lien recorded (Wis. Stat. § 779.14); bond notice — 60 days from first furnishing (Wis. Stat. § 779.14(2)(am)); file suit — 1 years from project completion (Wis. Stat. § 779.14(2)(a)); miller act notice — 90 days from last furnishing (40 U.S.C. § 3133(b)(2)). For general contractors: Record the lien — 6 months from last furnishing (Wis. Stat. § 779.06). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to Wisconsin
Sub/supplier must serve 'Notice to Owner' within 60 days of first furnishing. No notice = no lien rights for work done before the notice. Prime must file claim for lien within 6 months of last furnishing of labor or materials. File claim for lien within 6 months. Must have served preliminary notice on owner first. File suit to enforce lien within 2 years of recording. A beginning-of-job notice, not an end-of-job claim: a subcontractor, supplier, or service provider may sue on the bond only if it served written notice on the PRIME CONTRACTOR that it has furnished or will furnish labor, services, materials, plans, or specifications, NO LATER THAN 60 DAYS AFTER IT FIRST performed or furnished (779.14(2)(am)1). Not required if its contract is $5,000 or less, if the claimant is an employee, or if it is named on the prime's sub/supplier list kept under 779.14(1e)(b) or in a written contract with the prime (2)(am)2. Bond (penalty not less than the contract price) required on state contracts over $369,000 and local contracts over $148,000, with payment assurance in the middle tiers (779.14(1m)). Action against the prime and the sureties no later than ONE YEAR AFTER THE COMPLETION OF WORK UNDER THE CONTRACT (779.14(2)(a)) - the prime contract, not the claimant's own last furnishing. Completion occurs when the contractor completes the work, not when the work is accepted (Arbor Vitae-Woodruff Joint School Dist. v. Gulf Ins. Co., 2002 WI App 24). Proration if the bond is insufficient (2)(b). Second-tier claimants only. No notice = no bond claim. File no sooner than 90 days AND no later than 1 year.
How Wisconsin notices must be served
Wisconsin requires 60 days — Notice of Intent. Accepted delivery for the notices tracked here: Certified Mail, Return Receipt Requested; Written notice served on the prime contractor (certified mail recommended for proof). Service runs to the Owner. Keep the proof of service in the project file — Wisconsin disputes over whether a notice was properly served are decided on that documentation.
Public projects in Wisconsin
No lien attaches to public property in Wisconsin. On public state local and public federal work the remedy is a payment bond claim instead — bond notice within 60 days of first furnishing, served on the Prime Contractor only - NOT the surety (Wis. Stat. § 779.14(2)(am)). 5 public-project deadlines are tracked for Wisconsin.
Wisconsin statute citations
The Wisconsin deadlines above come from Wis. Stat. § 779.06, Wis. Stat. § 779.14, Wis. Stat. § 779.14(2)(am), Wis. Stat. § 779.14(2)(a), 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), Wis. Stat. § 234.90, Wis. Stat. § 66.0901, Wis. Stat. § 16.528, Wis. Stat. § 779.02(5). Statutes are amended periodically — verify current text before relying on any date, and consult a licensed Wisconsin construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in Wisconsin?
6 months — From last date of furnishing. The filing goes to the Circuit Court Clerk in the project's county. See Wis. Stat. § 779.06. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in Wisconsin?
With the Circuit Court Clerk in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does Wisconsin require a preliminary notice?
Yes — 60 days. Notice of Intent. Accepted service includes Certified Mail, Return Receipt Requested.
How long do you have to enforce a Wisconsin mechanics lien?
2 years — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
When must retainage be released in Wisconsin?
Retainage released within 30 days of substantial completion on public contracts. 10% maximum retainage. (Wis. Stat. § 66.0901).