I started working on a project as a consultant and supplying important information back in October. It’s a large commercial building. Can I file a lien?
1 reply
Mar 2, 2020
Generally, mechanics lien rights will be available to those who perform work which permanently improves the project property. And, in order for lien rights to arise, the claimant must usually have done some work which directly improves the project property - and, as a result, consultant work or management work may fall into some grey area with mechanics lien rights.
Wisconsin mechanics lien rights
Looking to Wisconsin's mechanics lien laws - it appears that some parties who don't perform physical work at the job site (architects, engineers, surveyors, and construction managers) will have lien rights as long as the improvement to the property actually takes place. So, if the work performed seems to fit into the construction management role or one of the other roles listed above, then lien rights may well be available for that work.
As far as the timeline goes - a Wisconsin mechanics lien must be filed within 6 months of the last furnishing date. Notably, though, a WI Notice of Intent to Lien must be sent at least 30 days before a lien can be filed. So, a claimant will need to send that document well before the lien deadline, and that can take a little bit of planning. Notably, though, because a mechanics lien filing is such a serious hazard - a Notice of Intent to Lien can force payment all by itself.
Plus, keep in mind that certain preliminary notices are required in order for most claimants to preserve their mechanics lien rights. Further discussion on that here: Do I Need to Send a Wisconsin Preliminary Notice?