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:
SB450,25,126
779.14
(2) (a) 3. With respect to contracts entered into under s. 84.06 (2) for
7highway improvements, failure of the prime contractor to comply with a contract,
8whether express or implied, with a subcontractor
or, supplier
, or service provider of
9the prime contractor for
the performance of performing, furnishing, or procuring 10labor
or furnishing of, services, materials
, plans, or specifications for the purpose of
11making the highway improvement that is the subject of the contract with the
12governmental entity.
SB450, s. 57
13Section
57. 779.14 (2) (am) 1. of the statutes is amended to read:
SB450,25,2314
779.14
(2) (am) 1. Except as provided in subd. 2., a subcontractor
or, supplier
,
15or service provider may maintain an action under par. (a) only if the subcontractor
16or, supplier
, or service provider has
notified served a written notice on the prime
17contractor
in writing that the subcontractor
or, supplier
, or service provider has
18provided performed, furnished, or procured, or will
provide perform, furnish, or
19procure labor
or, services, materials
, plans, or specifications to the public work or
20improvement. The notice must be
provided served no later than 60 days after the
21date on which the subcontractor
or, supplier
, or service provider first
provided 22performed, furnished, or procured the labor
or, services, materials
, plans, or
23specifications.
SB450, s. 58
24Section
58. 779.14 (2) (am) 2. a. of the statutes is amended to read:
SB450,26,3
1779.14
(2) (am) 2. a. The contract for
the provision of performing, furnishing,
2or procuring the labor
or, services, materials
, plans, or specifications does not exceed
3$5,000.
SB450, s. 59
4Section
59. 779.14 (2) (am) 2. b. of the statutes is amended to read:
SB450,26,65
779.14
(2) (am) 2. b. The action is brought by an employee of the prime
6contractor,
the subcontractor
or the
, supplier
, or service provider.