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 Lien date relates back to visible commencement by first contractor under a single construction project (even if architect). Mortgage Associates, Inc. v. Monona Shores, Inc., 177 N.W.2d 340, 350, 47 Wis.2d 171, 187 (Wis. 1970). EXCEPTIONS: • Vendor’s Lien: will have priority where seller’s fee interest predated buyers’ construction liens. Rees v. Ludington, 13 Wis. 276, 276, 1860 WL 4661, at 1 (Wis. 1860). • Savings and Loans, loans to Wisconsin Department of Veteran Affairs, and loans to bank or credit union if recorded before claim of lien recorded. 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 WISCONSIN WISCONSIN – 552 – 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. NATIONAL COMMERCIAL SERVICES BY STATE MECHANIC’S LIEN
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