Undertaking by intervenor; procedure.
MINING LIENS, ETC.
Extent of lien; filing claim.
Satisfaction of lien.
Effect of mortgage.
Foreclosure of lien.
Liens for labor in quarry.
MECHANIC'S LIENS, ETC.
Liens on vehicles for towing and storage.
Obtaining mechanic's services by misrepresentation of interest in personal property.
Liens of keepers of hotels, livery stables, garages, marinas and pastures.
Liens of consignees.
Liens of factors, brokers, etc.
Plastics fabricator's lien.
BREEDING ANIMAL, THRESHING LIENS, ETC.
Lien of owner of breeding animal or methods.
Lien for threshing, husking, baling; enforcement.
DISPOSITION OF UNCLAIMED ARTICLES
Disposition of articles left for laundering, dry cleaning, repair, storage.
PREPAID MAINTENANCE LIEN
Escrow account or bond requirement.
Prepaid maintenance lien.
Attachment and preservation.
Notice of existence of lien.
Discharge of lien.
Enforceability of lien.
Duties of the department of agriculture, trade and consumer protection.
FEDERAL LIEN REGISTRATION
Uniform federal lien registration act.
LIENHOLDER; ACQUISITION OF PRIOR LIEN
Payment of prior real estate liens.
Construction liens. 779.01(1)
Name of law.
This subchapter may be referred to as the construction lien law.
In this subchapter unless the context or subject matter requires otherwise:
“Improve" or “improvement" includes any building, structure, erection, fixture, demolition, alteration, excavation, filling, grading, tiling, planting, clearing, landscaping, repairing, or remodeling which is built, erected, made or done on or to land for its benefit. This enumeration is intended as an extension rather than a limitation of the normal meaning and scope of “improve" and “improvement".
“Labor" includes any wages and related contributions for state employment taxes, worker's compensation and unemployment compensation insurance, and other fringe benefits.
“Lien claimant" means any person who claims a lien under this section pursuant to a contract for improvement of land entered into by an owner of the land.
“Materials" includes any construction materials, supplies, tools, fixtures, equipment, machinery, vehicles, fuel, and energy.
“Owner" means the owner of any interest in land who, personally or through an agent, enters into a contract, express or implied, for the improvement of the land. Agency will be presumed, in the absence of clear and convincing evidence to the contrary, between employer and employee, between spouses, between joint tenants and among tenants in common, but there shall be a similar presumption against agency in all other cases.
“Prime contractor" means any of the following:
A person, other than a laborer, but including an architect, professional engineer, construction manager, surveyor, or other service provider, employed by the owner, who enters into a contract with an owner of land who is not personally the prime contractor as defined in subd. 2.
to improve the land, or who takes over from a prime contractor the uncompleted contract.
An owner of land who acts personally as prime contractor in improving such land.
“Serve" or “served" means personal delivery, delivery by registered or certified mail, service in a manner described for service of a summons under s. 801.14
, or any other means of delivery in which the recipient makes written confirmation of the delivery; except that in s. 779.15
, with respect to serving the state, “serve" or “served" means delivery by registered or certified mail.
(3) Extent and character of lien.
Any person who performs, furnishes, or procures any work, labor, service, materials, plans, or specifications, used or consumed for the improvement of land, and who complies with s. 779.02
, shall have a lien therefor on all interests in the land belonging to its owners. The lien extends to all contiguous land of the owner, but if the improvement is located wholly on one or more platted lots belonging to the owner, the lien applies only to the lots on which the improvement is located.
(4) Priority of construction lien.
The lien provided in sub. (3)
shall be prior to any lien which originates subsequent to the visible commencement in place of the work of improvement, except as otherwise provided by ss. 215.21 (4) (a)
, 292.31 (8) (i)
and 706.11 (1)
. When new construction is the principal improvement involved, commencement is considered to occur no earlier than the beginning of substantial excavation for the foundations, footings or base of the new construction, except where the new construction is to be added to a substantial existing structure, in which case the commencement is the time of the beginning of substantial excavation or the time of the beginning of substantial preparation of the existing structure to receive the added new construction, whichever is earlier. The lien also shall be prior to any unrecorded mortgage given prior to the commencement of the work of improvement, if the lien claimant has no actual notice of the mortgage before the commencement. Lien claimants who perform, furnish, or procure any labor, services, materials, plans, or specifications for an improvement prior to the visible commencement of the work of improvement shall have lien rights, but shall have only the priority accorded to other lien claimants.
(5) Assignment of lien, garnishment.
Assignment of a claim or right to a lien or any part thereof by a prime contractor, or garnishment by the creditor of a prime contractor, subcontractor, supplier, service provider, laborer or mechanic, shall not operate to compel the owner, prime contractor, subcontractor, supplier, or service provider to pay the assignee or creditor until the lien claims of subcontractors, suppliers, service providers, and laborers under this subchapter have either been paid in full, matured by notice and filing or expired. If such claims become liens, the owner, prime contractor, subcontractor, supplier, or service provider shall be compelled to pay such assignee or creditor only what remains due in excess of such liens.
A lien did not accrue by virtue of a surveyor's placement of stakes indicating the street layout, although performed before the mortgage was recorded, as staking is not a visible commencement of improvement work. Mortgage Associates v. Monona Shores, 47 Wis. 2d 171
, 177 N.W.2d 340
Public policy does not require that financial institutions notify contractors that the owner is or may be in default. Mortgage Associates v. Monona Shores, 47 Wis. 2d 171
, 177 N.W.2d 340
In a complaint seeking to foreclose a construction lien on a municipal arena, allegations that the lessee of the arena was acting as the city's agent in contracting for improvements to the arena was sufficient to withstand demurrer. James W. Thomas Construction Co., Inc. v. Madison, 79 Wis. 2d 345
, 255 N.W.2d 551
An architects' lien was unenforceable prior to the visible commencement of construction. Goebel v. National Exchangors, Inc. 88 Wis. 2d 596
, 277 N.W.2d 755
A prospective buyer under a purchase contract was not an “owner" under sub. (2) (d) [now sub. (2) (c)]. C. R. Stocks, Inc. v. Blakely's Matterhorn, Inc. 90 Wis. 2d 118
, 279 N.W.2d 499
(Ct. App. 1979).
A lien for work performed after the owner's ex-spouse docketed a judgment against the owner related back to earlier work completed and paid in full under a different contract. Estate of Riese v. Weber, 132 Wis. 2d 215
, 389 N.W.2d 640
(Ct. App. 1986).
Construction lien claimants' rights against purchase contract interests: The role of equitable conversion. 1980 WLR 615.
Notice required to preserve lien rights; exceptions; saving clause; obligations of contractors. 779.02(1)(1)
Exceptions to notice requirement.
The notice required to be given by lien claimants under sub. (2)
shall not be required to be given in the following cases only:
By any laborer or mechanic employed by any prime contractor or subcontractor.
By any lien claimant who has contracted directly with the owner for the labor, services, materials, plans, or specifications performed, furnished, or procured, unless the claimant is a prime contractor subject to the notice requirement of sub. (2) (a)
By any lien claimant performing, furnishing, or procuring labor, services, materials, plans, or specifications for an improvement in any case where more than 4 family living units are to be provided or added by such work of improvement, if the improvement is wholly residential in character, or in any case where the improvement is partly or wholly nonresidential in character.
By any prime contractor who is personally an owner of the land to be improved, by any corporate prime contractor of which an owner of the land is an officer or controlling shareholder, by any prime contractor who is an officer or controlling shareholder of a corporation which is an owner of the land or by any corporate prime contractor managed or controlled by substantially the same persons who manage or control a corporation which is an owner of the land.
By any lien claimant, other than a prime contractor, who performs, furnishes, or procures labor, services, materials, plans, or specifications for an improvement on a project on which the prime contractor is not required to give notice under this section.
(2) Notice to owner, lender, and supplier.