Wisconsin mechanics lien deadlines: notice, lien and suit (2026)
By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer
Lien filing, for all roles: 6 months after the lien claimant performed, furnished, or procured the last labor, services, materials, plans, or specifications (Wis. Stat. § 779.06(1)). Deadline to sue: 2 years after the claim for lien is filed (Wis. Stat. § 779.06(1)). Notice of intent: At least 30 days before timely filing of the lien claim (Wis. Stat. § 779.06(2)).
Wisconsin · Lien deadlinesVerified 2026-10-03
Lien filing
6 months after the lien claimant performed, furnished, or procured the last labor, services, materials, plans, or specifications
Preliminary notice
For a prime contractor who has contracted or will contract with any subcontractors, suppliers, or service providers, if no written contract for the work of improvement is entered into, except where more than 4 family living units are to be provided or added by the work of improvement, if the improvement is wholly residential in character, or where the improvement is partly or wholly nonresidential in character: Direct contractor: 10 days after the first labor, services, materials, plans, or specifications are performed, furnished, or procured for the improvement by or pursuant to the authority of the prime contractor; Except where more than 4 family living units are to be provided or added by the work of improvement, if the improvement is wholly residential in character, or where the improvement is partly or wholly nonresidential in character, where the prime contractor is not required to give notice under section 779.02, or where the claimant contracted directly with the owner: Subcontractor, Sub-subcontractor, Supplier: 60 days after performing, furnishing, or procuring the first labor, services, materials, plans, or specifications; For a prime contractor who has contracted or will contract with any subcontractors, suppliers, or service providers, where a written contract for the work of improvement is entered into, except where more than 4 family living units are to be provided or added by the work of improvement, if the improvement is wholly residential in character, or where the improvement is partly or wholly nonresidential in character: Direct contractor: Included in any written contract with the owner, with a copy of the written contract provided to the owner; Where more than 4 family living units are to be provided or added by the work of improvement, if the improvement is wholly residential in character, or where the improvement is partly or wholly nonresidential in character: None required; For a laborer or mechanic employed by any prime contractor or subcontractor: Laborer: None required
For a prime contractor who has contracted or will contract with any subcontractors, suppliers, or service providers, if no written contract for the work of improvement is entered into, except where more than 4 family living units are to be provided or added by the work of improvement, if the improvement is wholly residential in character, or where the improvement is partly or wholly nonresidential in character
10 days after the first labor, services, materials, plans, or specifications are performed, furnished, or procured for the improvement by or pursuant to the authority of the prime contractor
What the statute says about it. A prime contractor required to give the notice who fails to give it does not have the lien unless it pays all its obligations to its subcontractors, suppliers, and service providers on the improvement within the periods under section 779.06 and until the time for their notices has elapsed, and either none of them gives notice as a lien claimant or all of them have waived in full. Recipients: The owner or authorized agent. Delivery: Prepared separately and served, in at least 8-point bold type if printed, or in capital letters if typewritten.
Subcontractor, Sub-subcontractor, Supplier
Any
Except where more than 4 family living units are to be provided or added by the work of improvement, if the improvement is wholly residential in character, or where the improvement is partly or wholly nonresidential in character, where the prime contractor is not required to give notice under section 779.02, or where the claimant contracted directly with the owner
60 days after performing, furnishing, or procuring the first labor, services, materials, plans, or specifications
What the statute says about it. A claimant who fails to give the notice has no lien on the land or improvement to which the failure relates. A claimant who serves a late but otherwise proper notice has the lien for labor, services, materials, plans, or specifications performed, furnished, or procured after the owner actually receives the late notice. Recipients: The owner or authorized agent, at the last-known post-office address. Delivery: A written notice, in 2 signed copies, served on the owner or authorized agent.
Direct contractor
Any
For a prime contractor who has contracted or will contract with any subcontractors, suppliers, or service providers, where a written contract for the work of improvement is entered into, except where more than 4 family living units are to be provided or added by the work of improvement, if the improvement is wholly residential in character, or where the improvement is partly or wholly nonresidential in character
Included in any written contract with the owner, with a copy of the written contract provided to the owner
What the statute says about it. A prime contractor required to give the notice who fails to give it does not have the lien unless it pays all its obligations to its subcontractors, suppliers, and service providers on the improvement within the periods under section 779.06 and until the time for their notices has elapsed, and either none of them gives notice as a lien claimant or all of them have waived in full. Recipients: The owner.
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, Laborer
Any
Where more than 4 family living units are to be provided or added by the work of improvement, if the improvement is wholly residential in character, or where the improvement is partly or wholly nonresidential in character
Every prime contractor who enters into a contract with the owner for a work of improvement on the owner’s land and who has contracted or will contract with any subcontractors, suppliers, or service providers to perform, furnish, or procure labor, services, materials, plans, or specifications for the work of improvement shall include in any written contract with the owner the notice required by this paragraph, and shall provide the owner with a copy of the written contract.
If no written contract for the work of improvement is entered into, the notice shall be prepared separately and served on the owner or authorized agent within 10 days after the first labor, services, materials, plans, or specifications are performed, furnished, or procured for the improvement by or pursuant to the authority of the prime contractor.
The notice, whether included in a written contract or separately given, shall be in at least 8-point bold type, if printed, or in capital letters, if typewritten.
If any prime contractor required to give the notice prescribed in par. (a) fails to give notice as required, the prime contractor does not have the lien and remedy provided by this subchapter unless the prime contractor pays all of the prime contractor’s obligations to its subcontractors, suppliers, and service providers in respect to the work of improvement within the time periods under s. 779.06 and until the time for notice under par. (b) has elapsed and either none of its subcontractors, suppliers, or service providers gives notice as a lien claimant under par. (b) or all of its subcontractors, suppliers, and service providers have waived all lien rights in full under s. 779.05.
The notice required to be given by lien claimants under sub. (2) shall not be required to be given in the following cases only: (a) By any laborer or mechanic employed by any prime contractor or subcontractor. (b) 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). (c) 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. (e) 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.
Every person other than a prime contractor who performs, furnishes, or procures labor, materials, plans, or specifications for an improvement shall have the lien and remedy under this subchapter only if within 60 days after performing, furnishing, or procuring the first labor, services, materials, plans, or specifications the person serves a written notice, in 2 signed copies, on the owner or authorized agent at the last-known post-office address.
Any lien claimant, other than the prime contractor, who fails to give a notice as required by sub. (2) (b) shall have no lien on the land or improvement to which the failure relates.
Any claimant who serves a late but otherwise proper notice on the owner or authorized agent shall have the lien provided by s. 779.01 for any labor, services, materials, plans, or specifications performed, furnished, or procured after the late notice is actually received by the owner.
What the statute says about it. No lien claim may be filed or action brought on it without the notice, whether or not the claimant was required to give, and gave, a notice under section 779.02. Recipients: The owner. Delivery: A written notice of intent to file a lien claim, served on the owner.
No lien claim may be filed or action brought thereon unless, at least 30 days before timely filing of the lien claim, the lien claimant serves on the owner a written notice of intent to file a lien claim.
What the statute says about it. No lien exists, and no action to enforce one may be maintained, unless the claim for the lien is filed within that time in the office of the clerk of circuit court of the county in which the lands affected by the lien lie.
No lien under s. 779.01 shall exist and no action to enforce a lien under s. 779.01 shall be maintained unless within 6 months from the date the lien claimant performed, furnished, or procured the last labor, services, materials, plans, or specifications, a claim for the lien is filed in the office of the clerk of circuit court of the county in which the lands affected by the lien lie, and unless within 2 years from the date of filing a claim for lien an action is brought and summons and complaint filed.
What the statute says about it.Recipients: The owner of the property on which the lien is placed.
A lien claimant shall serve a copy of the claim for lien on the owner of the property on which the lien is placed within 30 days after filing the claim.
What the statute says about it. No lien exists, and no action to enforce one may be maintained, unless an action is brought and summons and complaint filed within that time.
No lien under s. 779.01 shall exist and no action to enforce a lien under s. 779.01 shall be maintained unless within 6 months from the date the lien claimant performed, furnished, or procured the last labor, services, materials, plans, or specifications, a claim for the lien is filed in the office of the clerk of circuit court of the county in which the lands affected by the lien lie, and unless within 2 years from the date of filing a claim for lien an action is brought and summons and complaint filed.
The notices of section 779.02(2) are not required where more than 4 family living units are to be provided or added by the work of improvement, if the improvement is wholly residential in character, or where the improvement is partly or wholly nonresidential in character.
The notice required to be given by lien claimants under sub. (2) shall not be required to be given in the following cases only: (a) By any laborer or mechanic employed by any prime contractor or subcontractor. (b) 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). (c) 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.
The day of the event is not counted, and the last day of the period is.
The time within which an act is to be done or proceeding had or taken shall be computed by excluding the first day and including the last; and when any such time is expressed in hours the whole of Sunday and of any legal holiday, from midnight to midnight, shall be excluded.
Regardless of whether the time limited in any statute for the taking of any proceeding or the doing of an act is measured from an event or from the date or day on which such event occurs, the day on which such event took place shall be excluded in the computation of such time.
A last day that falls on a Sunday or a legal holiday moves to the next day that is not one.
If the last day within which an act is to be done or proceeding had or taken falls on a Sunday or legal holiday the act may be done or the proceeding had or taken on the next secular day.
When the act consists of a payment to, a service upon, or a filing with an officer, agent, agency, department or division of the state or of a subdivision of the state whose official office hours do not include that Saturday, a last day that is a Saturday also moves.
When the last day within which a proceeding is to be had or taken or an act done, which consists of any payment to or the service upon or the filing with any officer, agent, agency, department or division of the state or of any county, city, village, town, school district or other subdivision of the state, of any money, return, statement, report, notice or other document, falls on a Saturday and the duly established official office hours of such officer, agent, agency, department or division to which such payment is to be made or upon which such service is to be made or with which such return, statement, report, notice or other document is required to be filed, do not include any office hours thereof on such Saturday, said proceeding may be had or taken or such act may be done on the next succeeding day that is not a Sunday or a legal holiday.
The lien deadline calculator does not model the day of holding the partisan primary election and the day of holding the general election in November (Wis. Stat. § 995.20 names them without stating their dates) or a legal public holiday under federal law, or other holiday designated by the president, on which the postal service does not receive registered mail or make regular deliveries (Wis. Stat. § 990.001(4)(e) counts it as a legal holiday only when an act is permitted to be done by the use of the postal service), so a date it counts may move later.
January 1, the 3rd Monday in January (which shall be the day of celebration for January 15), the 3rd Monday in February (which shall be the day of celebration for February 12 and 22), the last Monday in May (which shall be the day of celebration for May 30), June 19, which shall be the day of observation for Juneteenth Day, July 4, the 1st Monday in September which shall be known as Labor day, the 2nd Monday in October, November 11, the 4th Thursday in November (which shall be the day of celebration for Thanksgiving), December 25, the day of holding the partisan primary election, and the day of holding the general election in November are legal holidays.
When an act is permitted to be done by the use of the postal service, and the last day within the time prescribed by law for performing such act falls on a legal public holiday under federal law, or other holiday designated by the president such that the postal service does not receive registered mail or make regular deliveries on that day, the day shall be considered a legal holiday for purposes of this section.
At the preliminary notice stage, two rules name the direct contractor, which the statute calls a "prime contractor" [1]. A third names subcontractors, sub-subcontractors and suppliers [1]. Section 779.02(1)(a) excuses the notice by any laborer or mechanic employed by any prime contractor or subcontractor, and the laborer row at that stage reads None required[1]. From the notice of intent through the suit, each rule names all five roles, on any project type [2].
How the periods run
The prime contractor's notice. Both prime contractor rules open with the same condition: a prime contractor who has contracted or will contract with any subcontractors, suppliers, or service providers, except where more than 4 family living units are to be provided or added by the work of improvement, if the improvement is wholly residential in character, or where the improvement is partly or wholly nonresidential in character [1]. Where a written contract for the work of improvement is entered into, the rule reads Included in any written contract with the owner, with a copy of the written contract provided to the owner[1]. If no written contract for the work of improvement is entered into, the period is 10 days after the first labor, services, materials, plans, or specifications are performed, furnished, or procured for the improvement by or pursuant to the authority of the prime contractor[1].
The notice from other claimants. Except where more than 4 family living units are to be provided or added by the work of improvement, if the improvement is wholly residential in character, or where the improvement is partly or wholly nonresidential in character, where the prime contractor is not required to give notice under section 779.02, or where the claimant contracted directly with the owner, the rule for subcontractors, sub-subcontractors and suppliers reads 60 days after performing, furnishing, or procuring the first labor, services, materials, plans, or specifications[1].
The notice of intent. Counted back from the filing, the rule reads At least 30 days before timely filing of the lien claim[2], so the calculator counts no date for it. It applies whether or not the claimant was required to give, and gave, a notice under section 779.02 [2].
Filing, service and suit. The claim for lien is filed in the office of the clerk of circuit court of the county in which the lands affected by the lien lie, within 6 months after the lien claimant performed, furnished, or procured the last labor, services, materials, plans, or specifications[2]. Two periods then run from that filing: a copy is served on the owner of the property on which the lien is placed within 30 days after the claim for lien is filed[2], and an action is brought, with summons and complaint filed, within 2 years after the claim for lien is filed[2].
How residential work is treated
Where more than 4 family living units are to be provided or added by the work of improvement, if the improvement is wholly residential in character, or where the improvement is partly or wholly nonresidential in character, the preliminary notice row reads None required for all five roles [1].
Counting the days
Section 990.001(4) leaves out the first day of a period and includes the last, and the day of the event a period runs from is excluded [3]. A last day on a Sunday or a legal holiday moves to the next secular day, at every stage [3]. A legal holiday is any statewide legal holiday under § 995.20 [3][4], and § 990.001(4)(e) adds a federal or presidential holiday on which the postal service does not receive registered mail or make regular deliveries when an act is permitted to be done by the use of the postal service [3]. A Saturday last day may move later under § 990.001(4)(c), depending on the act and on an office's official hours that day [3].
What changed recently
Sections 779.02 and 779.06 stand as amended by 2005 Wis. Act 204 [1][2].
: 10 more jurisdictions published: Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, Rhode Island and South Carolina.
: 9 more jurisdictions published: South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.
: 10 more jurisdictions published: Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho and Indiana.
: 10 more jurisdictions published: Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi and Missouri.
: Dataset first published: 9 of 51 jurisdictions published.
