Bond or Lien Claim-Public 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: Notice of Claim and Lien on Proceeds.

Scope: State of Wisconsin, Public Works.

Time Constraints: Assuming that you have given notice to the public entity (see the Wisconsin Preliminary Notice, Public Work, memo for more information), file your claims as follows:

Public Entity: Serve the Notice of Claim and Lien on Proceeds on the public entity and general contractor before all payments are made to the general contractor within 90 days of last furnishing of labor, materials or services.

Bonding Company: Serve the Notice of Non-Payment to Surety on the sureties and public entities within 90 days of your last furnishing. Look to the bond for any other specific limitations or requirements.

City of Milwaukee: The City of Milwaukee further requires a claimant to serve a Notice of Claim by certified mail to the City Clerk and Commissioner of Public Works within 20 days of your last furnishing of labor, materials or service on unpaid accounts. This action will further allow a lien against unpaid construction funds.

Serve all copies via certified mail or personal service.

Perfection of Lien Claim: File suit within 3 months, if your claim is disputed, and give notice with the public entity with whom the claim is filed.

However, commence action within 20 days of the public entity’s notice of pay out where undisputed lien claims exceed the amount due the prime contractor.

Perfection of Payment Bond: File suit within one year of the completion of the contract.

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 claim.

Note: If you are a prime contractor, file a claim with the public body within 120 days of the event giving rise to the claim and commence action on the contract within 6 months of notice of disallowance.

Information Requirements: Program information and information for Exhibits A-D and 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 public entities and 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: Notice of Claim and Lien on Proceeds, Notice of Non-Payment to Surety and Exhibit's A-D, if needed.

Procedures: Prepare your documents using the required information. Serve the Notice of Claim and Lien on Proceeds on the public entities and general contractors, and The Notice of Non-Payment to Surety on the sureties within the time constraints listed above. Service on your customer is optional.

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