779.06 Filing claim and beginning action; notice required before filing; contents of claim document.
(1) 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. 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. A claim for a lien may be filed and entered in the judgment and lien docket, and action brought, notwithstanding the death of the owner of the property affected by the action or of the person with whom the original contract was made, with like effect as if he or she were then living.
(2) 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. The notice is required to be given whether or not the claimant has been required to and has given a previous notice pursuant to s. 779.02. Such notice shall briefly describe the nature of the claim, its amount and the land and improvement to which it relates.
(3) Such a claim for lien shall have attached thereto a copy of any notice given in compliance with s. 779.02 and a copy of the notice given in compliance with sub. (2), and shall contain a statement of the contract or demand upon which it is founded, the name of the person against whom the demand is claimed, the name of the claimant and any assignee, the last date of performing, furnishing, or procuring any labor, services, materials, plans, or specifications, a legal description of the property against which the lien is claimed, a statement of the amount claimed and all other material facts in relation thereto. Such claim document shall be signed by the claimant or attorney, need not be verified, and in case of action brought, may be amended, as pleadings are.
History: 1979 c. 32 ss. 57, 92 (9); 1979 c. 176; Stats. 1979 s. 779.06; 1995 a. 224; 2005 a. 204.
The limitation period under sub. (1) commenced on the date the claimant furnished the last materials for the project, although the claimant supplied two succeeding subcontractors and the second subcontractor paid in full. R. Fredrick Redi-Mix, Inc. v. Thomson, 96 Wis. 2d 715, 292 N.W.2d 648 (1980).
When a contractor gave a lien notice to the initial owner when work commenced and had no notice of a subsequent transfer of title, the contractor’s lien rights prevailed against subsequent owners who received no lien notice. Wes Podany Construction Co. v. Nowicki, 120 Wis. 2d 319, 354 N.W.2d 755 (Ct. App. 1984).
Sub. (3) does not restrict when amendments to lien claims can be made. It only provides that if an amendment is made after an action is brought, the lien claim may be amended in the same manner as pleadings. Torke/Wirth/Pujara, Ltd. v. Lakeshore Towers of Racine, 192 Wis. 2d 481, 531 N.W.2d 419 (Ct. App. 1995).
A subcontractor’s liens are not protected by incorporation into the prime contractor’s lien if the subcontractor makes an independent claim. If the subcontractor brings a lien claim independent from the prime contractor, it is required to follow the procedures required for all claimants under the statutes. Torke/Wirth/Pujara, Ltd. v. Lakeshore Towers of Racine, 192 Wis. 2d 481, 531 N.W.2d 419 (Ct. App. 1995).
It is settled under Duitman, 17 Wis. 2d 543 (1962), that a contractor has no duty to keep itself updated by searching the title records after construction begins. The critical date, insofar as the lien claimant’s duty to check the records in the office of the register of deeds is concerned, is the first date on which the contractor furnishes labor or materials because the right to a lien of a supplier of labor or materials arises on that date. Bayland Buildings, Inc. v. Spirit Master Funding VIII, LLC, 2017 WI App 42, 377 Wis. 2d 149, 900 N.W.2d 94, 16-1807.