With a Bachelor of Science degree in civil engineering—and job site experience in engineering and surveying to complement it—Brian brings a unique perspective to his work in construction and real estate law. Brian’s experience in dispute resolution includes contract disputes, construction defects, delay and warranty claims, theft by contractor claims, right to cure issues, home improvement practices claims, construction collections and lien foreclosure actions. More...More...
If this is a commercial property, the time for filing a lien is 6 months from the last work. At least 30 days prior to filing the lien you would need to serve the Owner with a Notice of Intention to File Claim for Lien. See More...
Wisconsin has prompt payment laws that apply to public works projects that allow for interest penalties at 12% per annum if payment is not promptly made. Under Wis. Stat. 66.0135, this applies to local municipal projects, which would likely include the school project you are talking about. Brian Zimmerman Hurtado Zimmerman SC 1011 N Mayfair Road, Suite 204 414-727-6250 bzimmerman@hzattys.comSee More...
The statute under Wis. Stat. 779.01(2)(e) provides that "serve" means "delivery by registered or certified mail, services in a manner described for a summons under s. 801.014, or any other means of delivery in which the recipient makes written confirmation of the delivery". The decision cited in Torke/Wirth/Pujara, was decided prior to revision of the statute to include the requirement of "delivery" by registered mail. As a result, I would caution that failure to sSee More...See More...
A lien waiver does not specifically need to state an amount waived. For instance it could waive rights for work performed through a certain date, or provide for a full waiver of rights on a project. Wisconsin statute 779.05 provides additional information about lien waivers: 779.05 Waivers of lien. (1) Any document signed by a lien claimant or potential claimant and purporting to be a waiver of construction lien rights under this subchapter, is valid aSee More...See More...
The initial notice under 779.02(2) is not required on projects that are 4-family units or larger, or any project that is wholly or partly nonresidential. You may still want to consult legal counsel to review your circumstances and pursue collection on any lien you may file. Brian Zimmerman Hurtado Zimmerman SC 1011 N Mayfair Road, Suite 204 414-727-6250 bzimmerman@hzattys.comSee More...