What are Construction Liens

When a contractor was not paid for labor and/or materials, they can file a construction lien on the piece of property where the “improvement” was made.

Per WI §779.01(2)(a): “Improve” or “improvement” includes any building, structure, erection, fixture, demolition, alteration, excavation, filling, grading, tiling, planting, clearing or landscaping which is built, erected, made or done on or to land for its permanent benefit.

How to File

You may file with the assistance of an attorney or file pro se (on your own). At this time, we do not have forms for filing a Construction Lien. Check with your local bookstore for the availability of the forms. We cannot provide you with legal advice, however if you have general questions, please contact the Clerk of Courts Office via email at Marathon.Clerk@WIcourts.gov or by phone at 715-261-1300.

Contractors must complete the following:

• Notice of Intent - Service of the Notice of Intent has to be made on the individual at least 30 days prior to recording the Claim for Lien to allow the party time to respond. The Notice of Intent should be mailed by certified mail with a return receipt as proof of service.
• File the Claim for Lien - File at the Clerk of Courts Office with a copy of the Notice of Intent that was served on the party and proof of service (such as a return receipt from certified mail; a copy will be accepted).

Clerk of Courts
500 Forest Street
Wausau WI 54403

Cost

The fee for filing your Claim for Lien is $5.00.

Requirements

• You must have also complied with notice requirements in WI §779.01 prior to following the procedure stated above.
• The property description is required on the claim for lien.
• Construction liens cannot be recorded if it is longer than six months from the completion of work/labor or supplying materials.
• Construction liens are recorded against the property for a maximum of two years.