Bond or Lien Claim-Private Works

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for its content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Mechanic's, Material man’s or Construction Lien.

Scope: State of Wisconsin, Private Works.

Time Constraints: Where required, you must have served a preliminary notice for furnishing labor, materials or equipment, and, always required, a notice of intent to file a lien or bond claim within the statutory period, or you cannot make a lien claim. See the memos on Wisconsin Preliminary Notice, Private Work, and Wisconsin Lien Warning Notice, Private Work, for more information.

File the lien with the Clerk of the Circuit Court where the property is located. Serve copies on the owner, lenders and sureties, if any. Service on the general contractors and your customer is optional.

Perfection: After recording, you must file suit within 6 months of filing your Mechanic's, Material man’s or Construction Lien.

Payment Bond: Where a Payment Bond has been provided by a surety, file within the time frame as stated in the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (Do not pass these up. Estimate if necessary. In the case of Bond Claims, the sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Mechanics, Material men or Construction Lien, Exhibit’s A-D, if needed, Notice of Claim of Lien, And Recorder’s Letter.

Procedures: Prepare your documents using the required information. File your Mechanic's, Material man’s and Construction Lien and serve upon the owners, lenders and sureties (the general contractors and your customer are optional). At this point you are ready to enforce all of your claims in one action.

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