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Lien waivers by state · Wisconsin

Wisconsin lien waiver requirements

Wisconsin is a non-statutory state

Wisconsin does not prescribe a mandatory statutory lien-waiver form or required wording, so waivers may be freely worded. Under Wis. Stat. § 779.05, any document signed by a lien claimant purporting to waive construction lien rights is valid and binding (with or without consideration, signed before or after the work), but any ambiguity is construed against the signer and a waiver is read to waive ALL lien rights for the improvement unless it expressly limits itself to a specific portion. Note: Wis. Stat. § 779.135 voids contract provisions that purport to waive lien rights before the claimant has been paid.

Statute: Wis. Stat. § 779.05 (waivers); see also §§ 779.02, 779.06, 779.135

Wisconsin lien waiver forms

The four standard waiver-and-release types and Wisconsin’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Wisconsin law requires only that a waiver be in writing and signed by the lien claimant; § 779.05 imposes no notarization requirement. A counterparty may request notarization by agreement, but it is not legally required.
Mandatory statutory language: Wisconsin does not mandate specific waiver language or a statutory form; parties may use any wording. However, because ambiguity is construed against the signer and a waiver is deemed to waive ALL lien rights for the improvement unless it expressly limits itself to a particular portion, waivers should be drafted carefully and state the amount/scope and property covered.
Electronic signatures accepted

Key Wisconsin deadlines

Preliminary / pre-lien notice: Prime/general contractors: give written preliminary notice in the contract or within 10 days after first furnishing labor/materials. Subcontractors and suppliers: serve written preliminary notice on the owner within 60 days after first furnishing labor/materials (Wis. Stat. § 779.02).
Notice of intent to lien: A Notice of Intent to File a Claim of Lien must be served on the owner at least 30 days before filing the lien claim. (It does not extend the 6-month filing deadline, so serve it at least 30 days before that period ends.)
Mechanics lien filing deadline: Within 6 months of the last date labor, services, or materials were furnished (Wis. Stat. § 779.06).

Wisconsin lien waiver FAQ

Does Wisconsin require a specific lien waiver form?

No. Wisconsin does not provide or require a statutory lien waiver form, and there is no mandated wording (Wis. Stat. § 779.05) — waivers may be freely worded. Be precise, though: any ambiguity is construed against the signer, and a waiver is read to waive all lien rights for the improvement unless it expressly limits its scope.

Do lien waivers need to be notarized in Wisconsin?

No. Wisconsin law requires only that a lien waiver be in writing and signed by the claimant; it does not require notarization. A party may request notarization by agreement, but it is not legally required.

Can lien waivers be signed electronically in Wisconsin?

Yes. Wisconsin does not require notarization of lien waivers, and under the federal E-SIGN Act and Wisconsin's UETA an electronic signature is as valid as a handwritten one, so lien waivers may be signed electronically.

What is the deadline to file a mechanics lien in Wisconsin?

Within 6 months of the last date labor, services, or materials were furnished (Wis. Stat. § 779.06). The lien must also be filed at least 30 days after serving the required Notice of Intent to File a Claim of Lien, and serving that notice does not extend the 6-month deadline.