– 57 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM Any person who performs, furnishes, or procures work, labor, services, materials, plans, or specifications used in the improvement of land and complies with mailing notice requirements set forth in WI STAT § 779.02 Includes architects and others who provide preparatory work. Goebel v. National Exchangors, Inc., 277 N.W.2d 755, 758, 88 Wis.2d 596, 601 (Wis., 1979). WI STAT § 779.01 DEADLINE TO PERFECT A claim for lien must be filed within 6 months after date of last work or materials. WI STAT § 779.06 BROKEN PRIORITY Wisconsin construction liens become a lien against property at the time when visible commencement in the place of work of improvement actually occurs. §779.01(4). Visible commencement occurs, in the case of the construction of a new building, when substantial excavation for the foundation of the building occurs, not when survey stakes are placed in the ground. §779.01(4). Lien priority questions are governed by Section 706.11, which provides that mortgages granted to lenders enumerated by statue, so long as its mortgage is recorded before the construction lien is filed in the office of the clerk of circuit court, shall enjoy priority as against construction liens. WI STAT § 779.01(4) DURATION OF LIEN Lien must be enforced within 2 years after date of filing claim. WI STAT § 779.06 CONTENTS OF LIEN (1) Statement by claimant or attorney (need not be verified); (2) name of person against whom demand is claimed; (3) name of claimant; (4) last date of providing materials or labor; (5) a legal description of property against which lien is claimed; (6) statement of amount claimed; (6) any other material facts relevant thereto; (7) all pre-filing notices must be attached. Substantial compliance required. Sufficient if required information included and any errors are not such that they would mislead a third party. Murphy v. Droessler, 525 N.W.2d 117, 119, 188 Wis.2d 420, 425 (Wis.App.,1994) WI STAT § 779.06 BY STATE MECHANIC’S LIEN LAWS WISCONSIN WISCONSIN
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