For contractors and subcontractors working in Wisconsin, one of the most important tools for ensuring payment is the construction lien. But lien rights exist only for those who strictly follow the timelines and notice requirements established by Wisconsin Statutes Chapter 779, particularly § 779.06. Missing even one deadline can mean losing lien rights entirely—no matter how much work you performed or how justified your claim may be.
The Six-Month Filing Deadline
Under Wis. Stat. § 779.06(1), a construction lien must be filed within six months from the date the lien claimant last performed, furnished, or procured labor, services, materials, plans, or specifications for the improvement of the property.
This six-month deadline is strictly enforced. If the lien is not filed on time, the lien ceases to exist and cannot be revived or amended later.
The statute also requires that an action to enforce the lien—a foreclosure lawsuit—must be filed within two years after the lien claim is filed. A summons and complaint must be properly served and filed within that period. Otherwise, even a validly filed lien will expire automatically.
The Wisconsin Supreme Court has repeatedly affirmed these deadlines. In R. Fredrick Redi-Mix, Inc. v. Thomson, 96 Wis. 2d 715 (1980), the Court held that the six-month period begins to run from the date the claimant last furnished labor or materials to the project. Likewise, in Torke/Wirth/Pujara, Ltd. v. Lakeshore Towers of Racine, 192 Wis. 2d 481 (1995), the court confirmed that no lien exists unless filed within six months of last work performed.
The 30-Day Notice of Intent to File
Before filing a lien claim, Wisconsin law requires an extra—and often overlooked—step: the Notice of Intent to File Claim for Lien.
At least 30 days before filing, the lien claimant must serve the property owner with a written notice stating:
- The nature of the claim,
- The amount claimed, and
- A description of the land and improvement involved.
This notice gives the owner one final opportunity to resolve the payment dispute before a lien clouds title.
Under Wis. Stat. § 779.06(2), the notice must be personally served or sent by certified mail. It applies regardless of whether earlier preliminary notice was given under § 779.02. Failure to serve this 30-day notice invalidates the lien, even if the filing itself was timely.
Strict Construction of Deadlines
Wisconsin courts consistently hold that lien-filing deadlines must be followed to the letter. In Murphy v. Droessler, 188 Wis. 2d 420 (1994), the court emphasized that the 60-day limit for serving preliminary notice under § 779.02(2)(b) must be strictly adhered to—illustrating a broader rule: deadlines in Chapter 779 are mandatory, not flexible.
That same reasoning applies to the six-month filing requirement under § 779.06(1). Courts have shown little sympathy for claimants who file late, even by a single day.
Liberal Construction to Protect Tradespeople
While the deadlines are enforced strictly, Wisconsin’s lien laws are remedial in nature and intended to protect those who improve property. In Wes Podany Construction Co., Inc. v. Nowicki, 120 Wis. 2d 319 (1984), the court explained that lien statutes should be liberally construed once compliance is established—to ensure payment for work and materials that enhance the value of real property.
This means courts interpret the substance of a compliant lien broadly to achieve fairness—but they will never excuse a failure to meet statutory notice or filing requirements.
Common Pitfalls for Contractors and Suppliers
- Missing the 30-day notice: Many contractors forget the notice of intent must precede the lien filing by at least 30 days.
- Late filings: The six-month period begins with the last work or delivery of materials—not when the invoice is issued or payment is due.
- Inadequate descriptions: The lien claim must clearly identify the property and amount due; vague or incomplete filings are easily challenged.
- Failure to enforce within two years: Even a properly filed lien expires if no foreclosure action is brought within the statutory window.
Each misstep can extinguish an otherwise valid claim.
Owner Protections and Best Practices
Owners are not without remedies. They may:
- Require lien waivers before issuing progress or final payments;
- Demand sworn statements from contractors listing all subs and suppliers;
- Bond off a lien under § 779.08 to clear title while a dispute proceeds; and
- Keep thorough payment and notice records to defend against improper filings.
By maintaining good documentation and communicating early, owners can often avoid “double payment” risks while ensuring all trades are compensated properly.
The Bottom Line
Wisconsin’s lien statute balances the rights of those who improve property with the interests of owners and lenders who depend on clear title.
To preserve lien rights, claimants must:
- Serve a Notice of Intent at least 30 days before filing, and
- File the lien within six months after the last labor or materials were furnished.
Strict compliance is essential—miss a deadline, and your lien rights vanish.
At Lommen Abdo, we help contractors, subcontractors, suppliers, and owners manage lien rights, draft compliant notices, and resolve payment disputes across both Wisconsin and Minnesota. Our construction law team ensures you meet every statutory requirement—so your work, and your payment, are protected. Contact us today.