Wisconsin Construction Lien Deadline Calculator: The Notice to the Owner, the Notice of Intent, 6 Months to File the Claim, 2 Years to Sue

Worked example

These are the figures the calculator opens with and the answer it gives. Change anything above and every number below moves with it.

What this calculator assumes

• Every period on this page is counted the way 990.001 (4) says: the first day is excluded and the last day is included, (a), and the day of the event a period is measured from is excluded, (d). None of the sections of chapter 779 the page read has a counting rule of its own.
• When the last day falls on a Sunday or legal holiday, the act may be done on the next secular day, 990.001 (4) (b). Nothing the page read defines a secular day, and (b) does not name Saturday. The page takes a Saturday as a secular day, so a notice to the owner that falls due on a Saturday stays on that Saturday, and one moved off a Friday holiday lands on the Saturday after.
• The claim for lien is filed with the clerk of circuit court, and the action is brought by filing a summons and complaint, both with a county officer. When such a last day falls on a Saturday and the office has no office hours that Saturday, 990.001 (4) (c) moves it to the next succeeding day that is not a Sunday or a legal holiday. The page takes the clerk's office as closed on Saturdays and moves a clerk date past every Saturday, Sunday and legal holiday it meets. A warning gives the other date whenever this changes one.
• Legal holiday means a statewide legal holiday provided in 995.20, 990.001 (4) (e). The page counts January 1, the 3rd Monday in January, the 3rd Monday in February, the last Monday in May, June 19, July 4, Labor day, the 2nd Monday in October, November 11, the 4th Thursday in November, December 25, and the days of the partisan primary and the general election. When a legal holiday falls on Sunday, the succeeding Monday is the legal holiday. 995.20 has no rule for one that falls on Saturday, and the page moves none.
• 5.02 dates the two election days: the partisan primary is held the 2nd Tuesday in August, (12s), and the general election in even-numbered years on the Tuesday after the first Monday in November, (5). (12s) names no year. The partisan primary nominates candidates for the general election, so the page counts it in even-numbered years only. Good Friday's hours of worship and a 1st class city's municipal election day are not statewide legal holidays, and the page does not count them.
• 990.001 (4) (e) also makes a day a legal holiday when an act may be done by mail and the day is a federal legal public holiday, or a holiday the president designates, on which the postal service does not receive registered mail or make regular deliveries. 779.01 (2) (e) allows service by registered or certified mail. The page has not read federal law and adds no such day.
• A month is a calendar month, 990.01 (21), and a year a calendar year, (49). So 6 months after a date ends on the same date 6 months later, and 2 years after a date on the same date 2 years later. When that date does not exist, as 6 months after August 31, nothing the page read says which day ends the period. The page uses the last day of the shorter month, and a warning gives the day after.
• 779.06 (2) asks for the notice of intent at least 30 days before timely filing of the lien claim. Nothing the page read says how to count back from a later day, or what to do when the count lands on a Sunday or legal holiday; moving it later would leave fewer than 30 days. The page counts back 30 days from the filing day, so the notice day is excluded and the filing day included as 990.001 (4) (a) counts, and does not move the result.
• The 6 months in 779.06 (1) run from the date the lien claimant performed, furnished, or procured the last labor, services, materials, plans, or specifications, and the notices in 779.02 (2) from the first. The page counts from the dates you enter.
• 779.01 (2) (e) allows personal delivery, registered or certified mail, service in the manner of a summons, or any delivery the recipient confirms in writing. Nothing the page read says whether a mailed notice counts on the day it is mailed or the day it arrives. The page gives the last day and does not settle that.
• The page does not cover a job on which the prime contractor furnished a payment bond under 779.035: there every lien but the prime contractor's does not exist and 779.06 does not apply, 779.03 (2). It does not count the periods in 779.035 and 779.036 for such a job.

6 months to file the claim for lien, section 779.06 (1)

Section 779.06 (1) says no lien under section 779.01 shall exist, and no action to enforce one 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. The page counts the 6 months from the last furnishing day you enter.

Section 990.01 (21) says a month means a calendar month unless otherwise expressed, so 6 months after August 27 is February 27. When the later month has no day with the same number, as 6 months after August 31, nothing the page read says which day ends the period. The page takes the last day of that month and prints a warning with the date the other reading, the day after, would give.

The claim is filed with the clerk, an office of the county, so a last day that falls on a Saturday is the case section 990.001 (4) (c) is written for: when the office has no office hours that Saturday, the filing may be made on the next succeeding day that is not a Sunday or a legal holiday. The page takes the clerk's office as closed on Saturdays, moves the date, and shows the unmoved Saturday in a warning in case the office keeps Saturday hours. A last day on a Sunday or legal holiday moves under paragraph (b) to the next secular day, and when that day is a Saturday the page moves on under (c) to the next day that is not a Saturday, Sunday or legal holiday.

Section 779.06 (3) lists what the claim contains, among them a copy of any notice given under section 779.02, a copy of the notice of intent, and the last date of performing, furnishing, or procuring any labor, services, materials, plans, or specifications.

Wis. Stat. 779.06 (1), the first two sentences

(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.

Three periods in two sentences: 6 months from the last labor or materials to file the claim, 30 days after filing to serve a copy on the owner, and 2 years from filing to bring the action.

The notice of intent to file a lien claim, section 779.06 (2)

Section 779.06 (2) says no lien claim may be filed or action brought on it 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 whether or not the claimant has been required to give, and has given, a notice under section 779.02. It briefly describes the nature of the claim, its amount and the land and improvement to which it relates.

This period runs backward from the filing, so the page counts 30 days back from the end of the 6 months and shows that day as the last day to serve the notice of intent. Section 990.001 (4) is written for a time within which an act is to be done, counted forward, and nothing the page read says how to count back from a later day.

Two more things are left open by the words. When the end of the 6 months moves under section 990.001 (4), nothing says whether the 30 days count back from the day the filing moves to or from the day before the move; the page shows the earlier date and prints the other in a warning. And when the day counted back falls on a Sunday or a legal holiday, moving it forward to the next secular day would leave fewer than 30 days, so the page leaves it where it falls and warns. A claim filed before the last day needs the notice at least 30 days before the day it is actually filed; enter that day and the page counts it too.

Wis. Stat. 779.06 (2), the first two sentences

(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.

At least 30 days before the filing, and required of every claimant, including one who already served a notice under 779.02.

The notice to the owner from anyone but the prime contractor, section 779.02 (2) (b)

Section 779.02 (2) (b) says every person other than a prime contractor who performs, furnishes, or procures labor, materials, plans, or specifications for an improvement has the lien and remedy under the 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. The paragraph prints the wording of the notice. The page counts the 60 days from the first furnishing day you enter.

Section 779.01 (2) (e) says serve or served means personal delivery, delivery by registered or certified mail, service in a manner described for service of a summons under section 801.14, or any other means of delivery in which the recipient makes written confirmation of the delivery. It does not say whether a notice sent by mail is served on the day it is mailed or the day it arrives, and the page does not settle it.

Section 779.02 (3) says a claimant other than the prime contractor who fails to give the notice has no lien on the land or improvement to which the failure relates, but one who serves a late but otherwise proper notice has the lien for labor, services, materials, plans, or specifications performed, furnished, or procured after the late notice is actually received by the owner. The page shows that as a warning. Section 779.02 (4) says nothing in the section relieves any lien claimant of the notice and filing requirements under section 779.06.

Wis. Stat. 779.02 (2) (b), the first sentence

(b) 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.

Counted from the first labor or materials you furnished, not the last. The 2 signed copies go to the owner or authorized agent.

The prime contractor's notice, section 779.02 (2) (a)

Section 779.02 (2) (a) covers 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. That contractor includes the notice in any written contract with the owner and gives the owner a copy of the written contract. If no written contract is entered into, the notice is 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 page counts the 10 days from the first furnishing day you enter.

Section 779.02 (2) (c) says a prime contractor that fails to give the notice does not have the lien and remedy unless it pays all of its obligations to its subcontractors, suppliers, and service providers on the job within the time periods under section 779.06, and the further conditions that paragraph lists are met. The page does not compute those.

A prime contractor with no subcontractors, suppliers, or service providers, now or later, is outside the words of (2) (a). The page shows no notice for that case and warns that the paragraph applies once there is one. Section 779.02 (1) (d) drops the notice for a prime contractor who is personally an owner of the land, or is tied to an owner through officers, controlling shareholders or common management in the ways it lists. The page does not ask about these and shows them as a warning.

Wis. Stat. 779.02 (2) (a), the second sentence

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.

Ten days from the first labor or materials, when there is no written contract. With a written contract, the notice goes in the contract and there is no day to count.

Who gives no notice to the owner, section 779.02 (1)

Section 779.02 (1) says the notice under subsection (2) shall not be required in the listed cases only. Under (a), any laborer or mechanic employed by any prime contractor or subcontractor. Under (b), any lien claimant who has contracted directly with the owner, unless the claimant is a prime contractor subject to the notice requirement of (2) (a). Under (c), any lien claimant on an improvement where more than 4 family living units are to be provided or added by the work, if the improvement is wholly residential in character, or where the improvement is partly or wholly nonresidential in character.

Under (d), the prime contractors tied to an owner of the land in the ways it lists, and under (e), any lien claimant other than a prime contractor on a project on which the prime contractor is not required to give notice under the section. The page asks who you are and what the improvement is, which covers (a), (b) and (c). It does not ask about (d) or (e), and shows them as warnings.

None of the exceptions touches section 779.06. When you choose a laborer or mechanic, more than 4 family living units, or a nonresidential improvement, the page shows the notice to the owner as not required and still counts the notice of intent and the filing, which section 779.02 (4) keeps.

Wis. Stat. 779.02 (1) (c)

(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.

More than 4 family living units and wholly residential, or any nonresidential part at all. A home of 4 family living units or fewer, wholly residential, does not fit it.

30 days to serve a copy, and 2 years to bring the action, section 779.06 (1)

The second sentence of section 779.06 (1) says 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. The first sentence says no action to enforce the lien shall be maintained unless within 2 years from the date of filing a claim for lien an action is brought and summons and complaint filed. Both count from the filing day, so the page counts them only when you choose filed and enter the day.

The copy is served on the owner, not filed with an office, so the page moves a last day on a Sunday or legal holiday to the next secular day under section 990.001 (4) (b) and leaves a Saturday where it falls. The action is begun by filing the summons and complaint, so the page moves that date the way it moves the filing of the claim.

Section 990.01 (49) says a year means a calendar year. Neither it nor section 779.06 says which day ends 2 years that start on February 29. The page gives February 28 and prints a warning with the date the other reading, March 1, would give.

Section 801.15 (1) (b) counts any period of time prescribed or allowed by chapters 801 to 847, by any other statute governing actions and special proceedings, or by order of court its own way, notwithstanding section 990.001 (4). It includes the last day unless the clerk of courts office is closed that day, and its holidays add the days in section 230.35 (4) (a), which the page has not read, and a full day on Good Friday. Nothing the page read says whether the 2 years in section 779.06 (1) is a period of that kind. The page counts it under section 990.001 (4) and prints that warning whenever it shows the date.

Wis. Stat. 801.15 (1) (b)

(b) Notwithstanding ss. 985.09 and 990.001 (4), in computing any period of time prescribed or allowed by chs. 801 to 847, by any other statute governing actions and special proceedings, or by order of court, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a day the clerk of courts office is closed. When the period of time prescribed or allowed is less than 11 days, Saturdays, Sundays and holidays shall be excluded in the computation.

The courts' own counting rule. Whether it reaches the 2 years in 779.06 (1) is not settled by anything the page read, so the page counts under 990.001 (4) and says so.

How the days are counted: section 990.001 (4) and the holidays of section 995.20

None of the sections of chapter 779 the page read has a counting rule of its own, so the page counts under section 990.001 (4). Paragraph (a) says the time within which an act is to be done shall be computed by excluding the first day and including the last, and (d) says the day of the event from which the time is measured is excluded. So day one is the day after the date you enter.

Paragraph (b) says that if the last day falls on a Sunday or legal holiday, the act may be done on the next secular day. Nothing the page read defines a secular day, and (b) does not name Saturday. The page takes a Saturday as a secular day: a notice to the owner due on a Saturday stays on that Saturday, and one due on a holiday that falls on a Friday moves to the Saturday after it. Paragraph (c) covers a payment to, service on or filing with an officer or office of the state or a county that falls on a Saturday when the office has no office hours that Saturday, and moves it to the next succeeding day that is not a Sunday or a legal holiday. The page applies (c) to the filings with the clerk and takes the clerk's office as closed on Saturdays.

Paragraph (e) makes a legal holiday any statewide legal holiday provided in section 995.20. That section lists January 1, the 3rd Monday in January, the 3rd Monday in February, the last Monday in May, June 19, July 4, Labor day on the 1st Monday in September, the 2nd Monday in October, November 11, the 4th Thursday in November, December 25, the day of holding the partisan primary election, and the day of holding the general election in November. Whenever any legal holiday falls on Sunday, the succeeding Monday is the legal holiday. The section has no rule for a holiday that falls on a Saturday, so the page moves none.

Section 5.02 (12s) says the partisan primary is held the 2nd Tuesday in August, and (5) puts the general election in even-numbered years on the Tuesday after the first Monday in November. The page counts both in even-numbered years only, which for the primary is an inference from its purpose, nominating candidates for the general election. Paragraph (e) also makes a federal postal holiday a legal holiday when an act is permitted to be done by mail; the page has not read the federal list and does not add those days. It applies the lists as they read now to every year you enter.

Wis. Stat. 990.001 (4) (b)

(b) 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.

A Sunday or a legal holiday only. Saturday is named in (c), for a filing with an office that has no Saturday office hours.

Questions people ask

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