SB450, s. 12 17Section 12. 779.01 (4) of the statutes is amended to read:
SB450,8,918 779.01 (4) Priority of construction lien. The lien provided in sub. (3) shall
19be prior to any lien which originates subsequent to the visible commencement in
20place of the work of improvement, except as otherwise provided by ss. 215.21 (4) (a),
21292.31 (8) (i), 292.81 and 706.11 (1) and (1m). When new construction is the principal
22improvement involved, commencement is considered to occur no earlier than the
23beginning of substantial excavation for the foundations, footings or base of the new
24construction, except where the new construction is to be added to a substantial
25existing structure, in which case the commencement is the time of the beginning of

1substantial excavation or the time of the beginning of substantial preparation of the
2existing structure to receive the added new construction, whichever is earlier. The
3lien also shall be prior to any unrecorded mortgage given prior to the commencement
4of the work of improvement, if the lien claimant has no actual notice of the mortgage
5before the commencement. Lien claimants who perform work or, furnish, or procure
6its performance or furnish any labor or , services, materials or, plans, or specifications
7for an improvement prior to the visible commencement of the work of improvement
8shall have lien rights, but shall have only the priority accorded to other lien
9claimants.
SB450, s. 13 10Section 13. 779.01 (5) of the statutes is amended to read:
SB450,8,2011 779.01 (5) Assignment of lien, garnishment. Assignment of a claim or right
12to a lien or any part thereof by a prime contractor, or garnishment by the creditor of
13a prime contractor, subcontractor, materialman supplier, service provider, laborer or
14mechanic, shall not operate to compel the owner, prime contractor, subcontractor or
15materialman, supplier, or service provider to pay the assignee or creditor until the
16lien claims of subcontractors, materialmen suppliers, service providers, and laborers
17under this subchapter have either been paid in full, matured by notice and filing or
18expired. If such claims become liens, the owner, prime contractor, subcontractor or
19materialman, supplier, or service provider shall be compelled to pay such assignee
20or creditor only what remains due in excess of such liens.
SB450, s. 14 21Section 14. 779.02 (1) (b) of the statutes is amended to read:
SB450,8,2522 779.02 (1) (b) By any lien claimant who has contracted directly with the owner
23for the work or labor, services, materials, plans, or specifications performed,
24furnished, or procured, unless the claimant is a prime contractor subject to the notice
25requirement of sub. (2) (a).
SB450, s. 15
1Section 15. 779.02 (1) (c) of the statutes is amended to read:
SB450,9,82 779.02 (1) (c) By any lien claimant performing, furnishing, or procuring labor
3or, services, materials, plans, or specifications for an improvement in any case where
4more than 4 family living units are to be provided or added by such work of
5improvement, if the improvement is wholly residential in character, or in any case
6where more than 10,000 total usable square feet of floor space is to be provided or
7added by such work of improvement, if
the improvement is partly or wholly
8nonresidential in character.
SB450, s. 16 9Section 16. 779.02 (1) (e) of the statutes is amended to read:
SB450,9,1310 779.02 (1) (e) By any lien claimant, other than a prime contractor, who
11performs, furnishes, or procures labor or, services, materials, plans, or specifications
12for an improvement on a project on which the prime contractor is not required to give
13notice under this section.
SB450, s. 17 14Section 17. 779.02 (2) (title) of the statutes is amended to read:
SB450,9,1515 779.02 (2) (title) Notice to owner, lender , and materialman supplier.
SB450, s. 18 16Section 18. 779.02 (2) (a) of the statutes is amended to read:
SB450,9,2517 779.02 (2) (a) Every prime contractor who enters into a contract with the owner
18for a work of improvement on the owner's land and who has contracted or will
19contract with any subcontractors or materialmen, suppliers, or service providers to
20provide perform, furnish, or procure labor or, services, materials, plans, or
21specifications
for the work of improvement shall include in any written contract with
22the owner the notice required by this paragraph, and shall provide the owner with
23a copy of the written contract. If no written contract for the work of improvement is
24entered into, the notice shall be prepared separately and served personally or by
25registered mail
on the owner or authorized agent within 10 days after the first labor

1or, services, materials, plans, or specifications are performed, furnished , or procured
2for the improvement by or pursuant to the authority of the prime contractor. The
3notice, whether included in a written contract or separately given, shall be in at least
48-point bold type, if printed, or in capital letters, if typewritten. It shall be in
5substantially the following language: "As required by the Wisconsin construction
6lien law, builder claimant hereby notifies owner that persons or companies
7performing, furnishing, or procuring labor or, services, materials, plans, or
8specifications
for the construction on owner's land may have lien rights on owner's
9land and buildings if not paid. Those entitled to lien rights, in addition to the
10undersigned builder claimant, are those who contract directly with the owner or
11those who give the owner notice within 60 days after they first perform, furnish, or
12procure
labor or, services, materials , plans or specifications for the construction.
13Accordingly, owner probably will receive notices from those who perform, furnish, or
14procure
labor or, services, materials , plans, or specifications for the construction, and
15should give a copy of each notice received to the mortgage lender, if any. Builder
16Claimant agrees to cooperate with the owner and the owner's lender, if any, to see
17that all potential lien claimants are duly paid".
SB450, s. 19 18Section 19. 779.02 (2) (b) of the statutes is amended to read:
SB450,11,1319 779.02 (2) (b) Every person other than a prime contractor who performs,
20furnishes, or procures labor or, materials, plans, or specifications for an
21improvement shall have the lien and remedy under this subchapter only if within 60
22days after performing, furnishing, or procuring the first labor or, services, materials,
23plans, or specifications
the person gives serves a written notice in writing, in 2 signed
24copies, to the owner either by personal service on the owner or authorized agent or
25by registered mail with return receipt requested to the owner or authorized agent
at

1the last-known post-office address. The owner or agent shall provide a copy of the
2notice received, within 10 days after receipt, to any mortgage lender who is
3furnishing or is to furnish funds for construction of the improvement to which the
4notice relates. The notice to the owner shall be in substantially the following
5language, with blanks accurately filled in: "As a part of your construction contract,
6your prime contractor or builder claimant has already advised you that those who
7perform, furnish, or procure labor or, services, materials, plans, or specifications for
8the work will be notifying you. The undersigned first performed, furnished, or
9procured
labor or, services, materials , plans, or specifications on .... (give date) for the
10improvement now under construction on your real estate at .... (give legal
11description, street address or other clear description). Please give your mortgage
12lender the extra copy of this notice within 10 days after you receive this, so your
13lender, too, will know that the undersigned is included in the job".
SB450, s. 20 14Section 20. 779.02 (2) (c) of the statutes is amended to read:
SB450,11,2315 779.02 (2) (c) If any prime contractor required to give the notice prescribed in
16par. (a) fails to give notice as required, such the prime contractor does not have the
17lien and remedy provided by this subchapter unless the prime contractor pays all of
18the prime contractor's obligations to its subcontractors and materialmen, suppliers,
19and service providers
in respect to the work of improvement within the time periods
20under s. 779.06 and until the time for notice under par. (b) has elapsed and no lien
21claimant
either none of its subcontractors, suppliers, or service providers gives notice
22as a lien claimant
under par. (b) gives notice or all of its subcontractors, suppliers,
23and service providers have waived all lien rights in full under s. 779.05
.
SB450, s. 21 24Section 21. 779.02 (2) (d) of the statutes is amended to read:
SB450,12,5
1779.02 (2) (d) Every mortgage lender making an improvement or construction
2loan shall make reasonable inquiry of the owner as to whether any notices required
3by this subsection have been given. A lender is not required to pay out any loan
4proceeds unless or until the prime contractor has given any notice required of such
5the prime contractor by this subsection.
SB450, s. 22 6Section 22. 779.02 (2) (e) of the statutes is amended to read:
SB450,12,177 779.02 (2) (e) If the owner or lender complains of any insufficiency of any notice,
8the burden of proof is upon the owner or lender to show that he or she has been misled
9or deceived by the insufficiency. If there is more than one owner, giving the notice
10required to any one owner or authorized agent is sufficient. In addition, every prime
11contractor and subcontractor, at the time of purchasing or contracting for any
12materials to be used in any of the cases enumerated in s. 779.01, shall upon request
13deliver to the materialman supplier a description of the real estate upon which the
14materials are to be used and the name and post-office address of the owner and
15authorized agent, if any. Failure to receive such description and name and address
16does not relieve a materialman supplier who asserts a lien from the requirement of
17giving timely notice.
SB450, s. 23 18Section 23. 779.02 (3) of the statutes is amended to read:
SB450,13,219 779.02 (3) Failure to give notice; saving clause. Any lien claimant, other than
20the prime contractor, who fails to give a notice as required by sub. (2) (b) shall have
21no lien on the land or improvement to which the failure relates. Any claimant who
22serves a late but otherwise proper notice personally or by registered mail on the
23owner or authorized agent shall have the lien provided by s. 779.01 for any labor or,
24services, materials, plans, or specifications performed, furnished, or procured after
25the late notice is actually received by the owner. The burden of proving that labor

1or, services, materials, plans, or specifications for which a lien is claimed were
2furnished after that date is on the lien claimant.
SB450, s. 24 3Section 24. 779.02 (5) of the statutes is amended to read:
SB450,14,44 779.02 (5) Theft by contractors. The proceeds of any mortgage on land paid
5to any prime contractor or any subcontractor for improvements upon the mortgaged
6premises, and all moneys paid to any prime contractor or subcontractor by any owner
7for improvements, constitute a trust fund only in the hands of the prime contractor
8or subcontractor to the amount of all claims due or to become due or owing from the
9prime contractor or subcontractor for labor and, services, materials, plans, and
10specifications
used for the improvements, until all the claims have been paid, and
11shall not be a trust fund in the hands of any other person. The use of any such moneys
12by any prime contractor or subcontractor for any other purpose until all claims,
13except those which are the subject of a bona fide dispute and then only to the extent
14of the amount actually in dispute, have been paid in full or proportionally in cases
15of a deficiency, is theft by the prime contractor or subcontractor of moneys so
16misappropriated and is punishable under s. 943.20. If the prime contractor or
17subcontractor is a corporation, limited liability company, or other legal entity other
18than a sole proprietorship,
such misappropriation also shall be deemed theft by any
19officers, directors or, members, partners, or agents of the corporation responsible for
20the misappropriation. Any of such misappropriated moneys which have been
21received as salary, dividend, loan repayment, capital distribution or otherwise by any
22shareholder of the corporation, member, or partner not responsible for the
23misappropriation shall be a civil liability of the shareholder that person and may be
24recovered and restored to the trust fund specified in this subsection by action brought
25by any interested party for that purpose. Except as provided in this subsection, this

1section does not create a civil cause of action against any other person other than the
2prime contractor or subcontractor to whom such moneys are paid
. Until all claims
3are paid in full, have matured by notice and filing or have expired, such proceeds and
4moneys shall not be subject to garnishment, execution, levy or attachment.
SB450, s. 25 5Section 25. 779.03 (1) of the statutes is amended to read:
SB450,14,106 779.03 (1) No agreement by other than claimant may invalidate lien. Subject
7to s. 779.05, a lien claimant may waive the lien given by s. 779.01 by a writing signed
8by the lien claimant, but no action by nor agreement between any other persons shall
9invalidate the lien, other than payment in full to the claimant for the labor or,
10services, materials, plans, or specifications to which the lien claim relates.
SB450, s. 26 11Section 26. 779.035 (1) of the statutes is amended to read:
SB450,15,512 779.035 (1) To eliminate lien rights as provided in s. 779.03 (2), the contract
13between the owner and the prime contractor for the construction of the improvement
14shall contain a provision for the payment by the prime contractor of all claims for
15labor performed and, services, materials or, plans, or specifications performed,
16furnished, procured, used, or consumed, except plans or specifications furnished by
17the architect, professional engineer or surveyor employed by the owner, in making
18such improvement and performing the work of improvement. The contract shall not
19be effective to eliminate lien rights unless the prime contractor gives a bond issued
20by a surety company licensed to do business in this state. The bond shall carry a
21penalty for unpaid claims of not less than the contract price, and shall be conditioned
22for the payment to every person entitled thereto of all the claims for labor performed,
23and
, services, materials, plans, and specifications performed, furnished, or procured
24under the contract and subsequent amendments thereto, to be used or consumed in
25making the improvement or performing the work of improvement as provided in the

1contract and subsequent amendments thereto. The bond shall be approved by the
2owner and by any mortgage lender furnishing funds for the construction of the
3improvement. No assignment, modification or change in the contract, or change in
4the work covered thereby, or any extension of time for completion of the contract shall
5release the sureties on the bond.
SB450, s. 27 6Section 27. 779.035 (2) (b) 1. of the statutes is amended to read:
SB450,15,147 779.035 (2) (b) 1. Except as provided in subd. 2., a subcontractor or, supplier,
8or service provider
may maintain an action under par. (a) only if the subcontractor
9or, supplier, or service provider has notified the prime contractor in writing that the
10subcontractor or, supplier, or service provider was providing performing, furnishing,
11or procuring
labor or, services, materials, plans, or specifications for the construction
12of the improvement. The notice must be provided no later than 60 days after the date
13on which the subcontractor or, supplier , or service provider first provided performed,
14furnished, or procured
the labor or, services, materials, plans, or specifications.
SB450, s. 28 15Section 28. 779.035 (2) (b) 2. a. of the statutes is amended to read:
SB450,15,1816 779.035 (2) (b) 2. a. The contract for the provision of performing, furnishing,
17or procuring
the labor or, services, materials, plans, or specifications does not exceed
18$5,000.
SB450, s. 29 19Section 29. 779.035 (2) (b) 2. c. of the statutes is amended to read:
SB450,15,2220 779.035 (2) (b) 2. c. The subcontractor or , supplier, or service provider is listed
21in a written contract, or in a document appended to a written contract, between a
22subcontractor or, supplier, or service provider and the prime contractor.
SB450, s. 30 23Section 30. 779.035 (3) of the statutes is amended to read:
SB450,16,524 779.035 (3) In any case in which the improvement contract and bond have been
25prepared and executed pursuant to sub. (1) upon inquiry by any subcontractor,

1materialman supplier, service provider, laborer, or mechanic performing, furnishing,
2or procuring
labor or, services, materials, plans, or specifications for said
3improvement, the prime contractor and the owner shall so advise the person making
4the inquiry and shall give the person reasonable opportunity to inspect and examine
5the contract and bond.
SB450, s. 31 6Section 31. 779.036 (1) of the statutes is amended to read:
SB450,16,227 779.036 (1) In any case in which an improvement is constructed or to be
8constructed pursuant to a contract and payment bond under s. 779.035, any person
9performing, furnishing, or procuring labor or, services, materials or, plans, or
10specifications to be used or consumed in making the improvement, to any prime
11contractor or subcontractor shall have a lien on the money or other payment due or
12to become due the prime contractor or subcontractor therefor, if the lienor, before
13payment is made to the prime contractor or subcontractor, gives serves a written
14notice of the lienor's claim by registered mail with return receipt requested to on the
15owner or authorized agent and to on any mortgage lender furnishing funds for the
16construction of the improvement. Upon receipt of the notice, the owner and lender
17shall assure that a sufficient amount is withheld to pay the claim and, when it is
18admitted or not disputed by the prime contractor or subcontractor involved or
19established under sub. (3), shall pay the claim and charge it to the prime contractor
20or subcontractor as appropriate. Any owner or lender violating this duty shall be
21liable to the claimant for the damages resulting from the violation. There shall be
22no preference among lienors serving such notices.
SB450, s. 32 23Section 32. 779.036 (2) of the statutes is amended to read:
SB450,17,3
1779.036 (2) A copy of the notice provided in sub. (1) also shall be served by the
2lienor, within 7 days after service of the notice upon the owner and lender, upon the
3prime contractor or subcontractor by registered mail with return receipt requested.
SB450, s. 33 4Section 33. 779.036 (3) of the statutes is amended to read:
SB450,17,145 779.036 (3) If the prime contractor or subcontractor does not dispute the claim
6by serving written notice on the owner and the lien claimant within 30 days after
7service of written notice under sub. (2), by registered mail with return receipt
8requested to the owner and lender,
the amount claimed shall be paid over to the
9claimant on demand and charged to the prime contractor or subcontractor pursuant
10to sub. (1). If the prime contractor or subcontractor disputes the claim, the right to
11a lien and to the moneys in question shall be determined in an action brought by the
12claimant or the prime contractor or subcontractor. If the action is not brought within
133 months from the time the notice required by sub. (1) is served, the lien rights under
14this section are barred.
SB450, s. 34 15Section 34. 779.036 (4) (a) of the statutes is amended to read:
SB450,17,2516 779.036 (4) (a) When the total lien claims exceed the sum due the prime
17contractor or subcontractor concerned and where the prime contractor or
18subcontractor has not disputed the amounts of the claims filed, the owner with the
19concurrence of the lender shall determine on a proportional basis who is entitled to
20the amount being withheld and shall notify serve a written notice of the
21determination on
all claimants and the prime contractor or subcontractor in writing
22of the determination
. Unless an action is commenced by a claimant or by the prime
23contractor or subcontractor within 20 days after the mailing service of said notice,
24the money shall be paid out in accordance with the determination and the liability
25of the owner and lender to any claimant shall cease.
SB450, s. 35
1Section 35. 779.05 (1) of the statutes is amended to read:
SB450,18,182 779.05 (1) Any document signed by a lien claimant or potential claimant and
3purporting to be a waiver of construction lien rights under this subchapter, is valid
4and binding as a waiver whether or not consideration was paid therefor and whether
5the document was signed before or after the labor or material was, services,
6materials, plans, or specifications were performed,
furnished, or procured, or
7contracted for. Any ambiguity in such document shall be construed against the
8person signing it. Any waiver document shall be deemed to waive all lien rights of
9the signer for all labor and, services, materials, plans, or specifications performed,
10furnished, or procured, or to be performed, furnished, or procured, by the claimant
11at any time for the improvement to which the waiver relates, except to the extent that
12the document specifically and expressly limits the waiver to apply to a particular
13portion of such labor and, services, materials, plans, or specifications. A lien
14claimant or potential lien claimant of whom a waiver is requested is entitled to refuse
15to furnish a waiver unless paid in full for the work or material labor, services,
16materials, plans, or specifications
to which the waiver relates. A waiver furnished
17is a waiver of lien rights only, and not of any contract rights of the claimant otherwise
18existing.
SB450, s. 36 19Section 36. 779.06 (1) of the statutes is amended to read:
SB450,19,620 779.06 (1) No lien under s. 779.01 shall exist and no action to enforce a lien
21under s. 779.01 shall be maintained unless within 6 months from the date the lien
22claimant performed, furnished, or procured the last labor or, services, materials ,
23plans, or specifications,
a claim for the lien is filed in the office of the clerk of circuit
24court of the county in which the lands affected by the lien lie, and unless within 2
25years from the date of filing a claim for lien an action is brought and summons and

1complaint filed. A lien claimant shall serve a copy of the claim for lien on the owner
2of the property on which the lien is placed within 30 days after filing the claim.
A
3claim for a lien may be filed and entered in the judgment and lien docket, and action
4brought, notwithstanding the death of the owner of the property affected by the
5action or of the person with whom the original contract was made, with like effect as
6if he or she were then living.
SB450, s. 37 7Section 37. 779.06 (2) of the statutes is amended to read:
SB450,19,148 779.06 (2) No lien claim may be filed or action brought thereon unless, at least
930 days before timely filing of the lien claim, the lien claimant serves on the owner,
10personally or by registered mail with return receipt requested,
a written notice of
11intent to file a lien claim. The notice is required to be given whether or not the
12claimant has been required to and has given a previous notice pursuant to s. 779.02.
13Such notice shall briefly describe the nature of the claim, its amount and the land
14and improvement to which it relates.
SB450, s. 38 15Section 38. 779.06 (3) of the statutes is amended to read:
SB450,19,2516 779.06 (3) Such a claim for lien shall have attached thereto a copy of any notice
17given in compliance with s. 779.02 and a copy of the notice given in compliance with
18sub. (2), and shall contain a statement of the contract or demand upon which it is
19founded, the name of the person against whom the demand is claimed, the name of
20the claimant and any assignee, the last date of the performance of performing,
21furnishing, or procuring
any labor or the furnishing of any, services, materials, plans,
22or specifications,
a legal description of the property against which the lien is claimed,
23a statement of the amount claimed and all other material facts in relation thereto.
24Such claim document shall be signed by the claimant or attorney, need not be
25verified, and in case of action brought, may be amended, as pleadings are.
SB450, s. 39
1Section 39. 779.07 (1) (d) of the statutes is amended to read:
SB450,20,32 779.07 (1) (d) Last date of performance of performing, furnishing, or procuring
3labor or furnishing, services, materials , plans, or specifications.
SB450, s. 40 4Section 40. 779.08 (1) of the statutes is amended to read:
SB450,20,215 779.08 (1) The person against whom a lien is claimed or any other interested
6party may file with the clerk of court in whose office the claim for lien is filed an
7undertaking executed by 2 or more sufficient sureties a surety to the effect that the
8person against whom the lien is claimed shall pay the amount of the claim and all
9costs and damages which may be awarded against that person on account of the lien
10or in lieu thereof deposit with the clerk of the court a sum of money, certified check
11or negotiable government bonds in par value equal to 125% of the claim for lien. The
12court in which any action to foreclose the lien may be brought shall determine any
13question of sufficiency of the sureties surety if exception is taken thereto by the lien
14claimant within 10 days after notice of the filing of such undertaking or deposit of
15other security and may upon notice and upon motion of any party, order any sum of
16money deposited to be invested. The clerk of court shall remove the lien from the
17judgment and lien docket upon the court's order approving the surety in substitution
18for the lien.
The depositor shall be entitled to any income from the investments,
19certified check or negotiable U.S. government bonds deposited and the clerk shall
20pay the income to the depositor without order when received or, in the case of
21coupons, as the income becomes due.
SB450, s. 41 22Section 41. 779.08 (2) of the statutes is amended to read:
SB450,21,223 779.08 (2) If an undertaking is furnished, it shall be accompanied by the
24affidavits affidavit of the sureties surety in which each states that the surety is
25worth, over and above all debts and liabilities in property within this state not

1exempt from execution, an amount in the aggregate equal to 125% or more of the
2amount of the claim for lien.
SB450, s. 42 3Section 42. 779.10 of the statutes is amended to read:
SB450,21,14 4779.10 Judgment. The judgment shall adjudge the amount due to each
5claimant who is a party to the action. It shall direct that the interest of the owner
6in the premises at the commencement of the work or performing, furnishing, or
7procuring
the labor, services, materials, plans, or specifications for which liens are
8given and which the owner has since acquired, or so much thereof as is necessary, be
9sold to satisfy the judgment, and that the proceeds be brought into court with the
10report of sale to abide the order of the court. If the premises can be sold in parcels
11without injury to the parties, the court may adjudge that the sale be so made. If the
12plaintiff fails to establish a lien upon the premises but does establish a right to
13recover for labor or, services, materials, plans, or specifications, the plaintiff may
14have a judgment against the party liable.
SB450, s. 43 15Section 43. 779.13 (2) of the statutes is amended to read:
SB450,22,216 779.13 (2) Every lien claimant, or the attorney who executed and filed a claim
17for lien on the claimant's behalf, who has received from any person interested in the
18premises described in the claim a written statement that the premises described in
19the claim are not in fact the premises on which the claimant performed, furnished,
20or procured
the work or labor, services, materials, plans, or specifications to which
21the claim relates together with a written demand that the claim be satisfied of record
22shall, if in fact the statement of such person about the mistaken description is true,
23promptly satisfy the lien claim of record at the lien claimant's expense. Failure to
24satisfy the lien claim of record within a reasonable time, if in fact the statement
25asserting the mistaken description is true, shall render the person so failing liable

1to pay to the person demanding the satisfaction a sum equal to one-half of the sum
2claimed in the claim for lien.
SB450, s. 44 3Section 44. 779.135 (1) of the statutes is amended to read:
SB450,22,84 779.135 (1) Provisions requiring a contractor, subcontractor or material
5supplier
any person entitled to a construction lien to waive his or her right to a
6construction lien or to a claim against a payment bond before he or she has been paid
7for the labor or, services, materials or both, plans, or specifications that he or she
8performed, furnished, or procured.
SB450, s. 45 9Section 45. 779.135 (3) of the statutes is amended to read:
SB450,22,1610 779.135 (3) Provisions making a payment to a general prime contractor from
11any person who does not have a contractual agreement with the subcontractor or,
12supplier, or service provider a condition precedent to a general prime contractor's
13payment to a subcontractor or a , supplier , or service provider. This subsection does
14not prohibit contract provisions that may delay a payment to a subcontractor until
15the prime contractor receives payment from any person who does not have a
16contractual agreement with the subcontractor or, supplier, or service provider.
SB450, s. 46 17Section 46. 779.14 (1) (intro.) of the statutes is amended to read:
SB450,22,1918 779.14 (1) Definition. (intro.) In this section, "subcontractor or, supplier, or
19service provider
" means the following:
SB450, s. 47 20Section 47. 779.14 (1) (a) of the statutes is amended to read:
SB450,22,2421 779.14 (1) (a) Any person who has a direct contractual relationship, expressed
22or implied, with the prime contractor or with any subcontractor of the prime
23contractor to perform, furnish, or procure labor or furnish, services, materials, plans,
24or specifications,
except as provided in par. (b).
SB450, s. 48 25Section 48. 779.14 (1) (b) of the statutes is amended to read:
SB450,23,4
1779.14 (1) (b) With respect to contracts entered into under s. 84.06 (2) for
2highway improvements, any person who has a direct contractual relationship,
3expressed or implied, with the prime contractor to perform, furnish, or procure labor
4or furnish, services, materials, plans, or specifications.
SB450, s. 49 5Section 49. 779.14 (1e) (a) of the statutes is amended to read:
SB450,23,166 779.14 (1e) (a) All contracts involving $10,000 or more for the performance of
7performing, furnishing, or procuring labor or furnishing, services, materials, plans,
8or specifications,
when the same pertains to any public improvement or public work
9shall contain a provision for the payment by the prime contractor of all claims for
10labor performed and, services, materials , plans, or specifications performed,
11furnished, procured, used, or consumed in making that pertain to the public
12improvement or performing the public work, including, without limitation because
13of enumeration, fuel, lumber, building materials, machinery, vehicles, tractors,
14equipment, fixtures, apparatus, tools, appliances, supplies, electric energy, gasoline,
15motor oil, lubricating oil, greases, state imposed taxes, premiums for worker's
16compensation insurance and contributions for unemployment insurance
.
SB450, s. 50 17Section 50. 779.14 (1e) (b) of the statutes is amended to read:
SB450,23,2418 779.14 (1e) (b) All contracts that are in excess of $30,000, as indexed under sub.
19(1s), and that are for the performance of performing, furnishing, or procuring labor
20or furnishing, services, materials, plans, or specifications for a public improvement
21or public work shall contain a provision under which the prime contractor agrees, to
22the extent practicable, to maintain a list of all subcontractors and, suppliers, and
23service providers
performing, furnishing, or procuring labor or furnishing, services,
24materials, plans, or specifications under the contract.
SB450, s. 51 25Section 51. 779.14 (1m) (c) (intro.) of the statutes is amended to read:
SB450,24,4
1779.14 (1m) (c) State contracts. (intro.) The following requirements apply to
2contracts with the state for the performance of performing, furnishing, or procuring
3labor or furnishing, services, materials , plans, or specifications for a public
4improvement or public work:
SB450, s. 52 5Section 52. 779.14 (1m) (d) (intro.) of the statutes is amended to read:
SB450,24,96 779.14 (1m) (d) Local government contracts. (intro.) The following
7requirements apply to contracts, other than contracts with the state, for the
8performance of
performing, furnishing, or procuring labor or furnishing, services,
9materials, plans, or specifications for a public improvement or public work:
SB450, s. 53 10Section 53. 779.14 (1m) (e) 2. b. of the statutes is amended to read:
SB450,24,1511 779.14 (1m) (e) 2. b. The payment to every person, including every
12subcontractor or, supplier, or service provider, of all claims that are entitled to
13payment for labor performed and, services, materials, plans, or specifications
14performed,
furnished, or procured for the purpose of making the public improvement
15or performing the public work as provided in the contract and sub. (1e) (a).
SB450, s. 54 16Section 54. 779.14 (2) (a) (intro.) of the statutes is amended to read:
SB450,24,2117 779.14 (2) (a) (intro.) Except as provided in par. (am), no later than one year
18after the completion of work under the contract, any party in interest, including any
19subcontractor or, supplier, or service provider, may maintain an action in that party's
20name against the prime contractor and the sureties upon the bond for the recovery
21of any damages sustained by reason of any of the following:
SB450, s. 55 22Section 55. 779.14 (2) (a) 2. of the statutes is amended to read:
SB450,25,423 779.14 (2) (a) 2. Except as provided in subd. 3., failure of the prime contractor
24or a subcontractor of the prime contractor to comply with a contract, whether express
25or implied, with a subcontractor or, supplier, or service provider for the performance

1of
performing, furnishing, or procuring labor or furnishing of, services, materials,
2plans, or specifications
for the purpose of making the public improvement or
3performing the public work that is the subject of the contract with the governmental
4entity.
SB450, s. 56 5Section 56. 779.14 (2) (a) 3. of the statutes is amended to read:
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