Wisconsin Statutes
Wis. Stat. § 779.01 (2026)
Construction liens
✓ current as of July 2026
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779.01(2)(2) Definitions. In this subchapter unless the context or subject matter requires otherwise:
779.01(2)(a)(a) “Improve” or “improvement” includes any building, structure, erection, fixture, demolition, alteration, excavation, filling, grading, tiling, planting, clearing, landscaping, repairing, or remodeling which is built, erected, made or done on or to land for its benefit. This enumeration is intended as an extension rather than a limitation of the normal meaning and scope of “improve” and “improvement”.
779.01(2)(am)(am) “Labor” includes any wages and related contributions for state employment taxes, worker’s compensation and unemployment compensation insurance, and other fringe benefits.
779.01(2)(b)(b) “Lien claimant” means any person who claims a lien under this section pursuant to a contract for improvement of land entered into by an owner of the land.
779.01(2)(bm)(bm) “Materials” includes any construction materials, supplies, tools, fixtures, equipment, machinery, vehicles, fuel, and energy.
779.01(2)(c)(c) “Owner” means the owner of any interest in land who, personally or through an agent, enters into a contract, express or implied, for the improvement of the land. Agency will be presumed, in the absence of clear and convincing evidence to the contrary, between employer and employee, between spouses, between joint tenants and among tenants in common, but there shall be a similar presumption against agency in all other cases.
779.01(2)(d)1.1. A person, other than a laborer, but including an architect, professional engineer, construction manager, surveyor, or other service provider, employed by the owner, who enters into a contract with an owner of land who is not personally the prime contractor as defined in subd. 2. to improve the land, or who takes over from a prime contractor the uncompleted contract.
779.01(2)(e)(e) “Serve” or “served” means personal delivery, delivery by registered or certified mail, service in a manner described for service of a summons under s. 801.14, or any other means of delivery in which the recipient makes written confirmation of the delivery; except that in s. 779.15, with respect to serving the state, “serve” or “served” means delivery by registered or certified mail.
779.01(3)(3) Extent and character of lien. Any person who performs, furnishes, or procures any work, labor, service, materials, plans, or specifications, used or consumed for the improvement of land, and who complies with s. 779.02, shall have a lien therefor on all interests in the land belonging to its owners. The lien extends to all contiguous land of the owner, but if the improvement is located wholly on one or more platted lots belonging to the owner, the lien applies only to the lots on which the improvement is located.
779.01(4)(4) Priority of construction lien. The lien provided in sub. (3) shall be prior to any lien which originates subsequent to the visible commencement in place of the work of improvement, except as otherwise provided by ss. 215.21 (4) (a), 292.31 (8) (i), 292.81 and 706.11 (1) and (1m). When new construction is the principal improvement involved, commencement is considered to occur no earlier than the beginning of substantial excavation for the foundations, footings or base of the new construction, except where the new construction is to be added to a substantial existing structure, in which case the commencement is the time of the beginning of substantial excavation or the time of the beginning of substantial preparation of the existing structure to receive the added new construction, whichever is earlier. The lien also shall be prior to any unrecorded mortgage given prior to the commencement of the work of improvement, if the lien claimant has no actual notice of the mortgage before the commencement. Lien claimants who perform, furnish, or procure any labor, services, materials, plans, or specifications for an improvement prior to the visible commencement of the work of improvement shall have lien rights, but shall have only the priority accorded to other lien claimants.
779.01(5)(5) Assignment of lien, garnishment. Assignment of a claim or right to a lien or any part thereof by a prime contractor, or garnishment by the creditor of a prime contractor, subcontractor, supplier, service provider, laborer or mechanic, shall not operate to compel the owner, prime contractor, subcontractor, supplier, or service provider to pay the assignee or creditor until the lien claims of subcontractors, suppliers, service providers, and laborers under this subchapter have either been paid in full, matured by notice and filing or expired. If such claims become liens, the owner, prime contractor, subcontractor, supplier, or service provider shall be compelled to pay such assignee or creditor only what remains due in excess of such liens.
779.01 HistoryHistory: 1973 c. 231; 1979 c. 32 ss. 57, 92 (9); 1979 c. 176; Stats. 1979 s. 779.01; 1983 a. 189; 1993 a. 453; 1995 a. 225, 227; 1997 a. 27, 35, 44, 252; 2005 a. 204.
779.01 AnnotationA lien did not accrue by virtue of a surveyor’s placement of stakes indicating the street layout, although performed before the mortgage was recorded, as staking is not a visible commencement of improvement work. Mortgage Associates, Inc. v. Monona Shores, Inc., 47 Wis. 2d 171, 177 N.W.2d 340 (1970).
779.01 AnnotationPublic policy does not require that financial institutions notify contractors that the owner is or may be in default. Mortgage Associates, Inc. v. Monona Shores, Inc., 47 Wis. 2d 171, 177 N.W.2d 340 (1970).
779.01 AnnotationIn a complaint seeking to foreclose a construction lien on a municipal arena, an allegation that the lessee of the arena was acting as the city’s agent in contracting for improvements to the arena was sufficient to withstand a demurrer. James W. Thomas Construction Co. v. City of Madison, 79 Wis. 2d 345, 255 N.W.2d 551 (1977).
779.01 AnnotationAn architects’ lien was unenforceable prior to the visible commencement of construction. Goebel v. National Exchangors, Inc., 88 Wis. 2d 596, 277 N.W.2d 755 (1979).
779.01 AnnotationA prospective buyer under a purchase contract was not an “owner” under sub. (2) (d) [now sub. (2) (c)]. C.R. Stocks, Inc. v. Blakely’s Matterhorn, Inc., 90 Wis. 2d 118, 279 N.W.2d 499 (Ct. App. 1979).
779.01 AnnotationA lien for work performed after the owner’s ex-spouse docketed a judgment against the owner related back to earlier work completed and paid in full under a different contract. Estate of Riese v. Weber, 132 Wis. 2d 215, 389 N.W.2d 640 (Ct. App. 1986).
779.01 AnnotationConstruction Lien Claimants’ Rights Against Purchase Contract Interests: The Role of Equitable Conversion. Schroeder. 1980 WLR 615.
Notes of Decisions
Cited in 30
cases (1 in the last 5 years), 1981–2025 · leading case: Hoida, Inc. v. M & I Midstate Bank, 2006 WI 69 (Wis. 2006).
Hoida, Inc. v. M & I Midstate Bank, 2006 WI 69 (Wis. 2006). “We also conclude that the claim Hoida seeks to establish against M & I is barred by the legislative determination of priority as between a lender and a subcontractor set out in Wis. Stat. § 779.01 (4) (2003-04) [1] and Wis.”
Tri-Tech Corp. of Am. v. Americomp Servs., Inc., 2002 WI 88 (Wis. 2002). “The court of appeals also held as a matter of law that computer network cabling constituted an improvement providing a permanent benefit to property within the meaning of Wis. Stat. §§ 779.01 (2)(a) and 779.02(5).”
Bayland Bldgs., Inc. v. Spirit Master Funding VIII, LLC, 2017 WI App 42 (Wis. Ct. App. 2017). “Wis. Stat. § 779.01 (3) (2015-16). 1 Construction liens are statutory creatures, and if a lien is properly perfected, it becomes an encumbrance against the real estate in the same manner as a mortgage or a judgment lien.”
Levine v. Ward (In Re Ward), 425 B.R. 507 (Bankr. E.D. Wis. 2010). “Assignment of a claim or right to a lien or any part thereof by a prime contractor, or garnishment by the creditor of a prime contractor, subcontractor, supplier, service provider, laborer or mechanic, shall not operate to compel the owner, prime contractor, subcontractor,…”
Romes Design, Inc. v. Dinkins (In Re Dinkins ), 327 B.R. 918 (Bankr. E.D. Wis. 2005). “However, evaluating the work of those doing the improvements, described in Wis. Stat. § 779.01 (2)(a) as “building, structure, erection, fixture, demolition, alteration, excavation, filling, grading, tiling, planting, clearing, or landscaping,” is qualitatively different from…”
Chase Lumber & Fuel Co. v. Koch (In Re Koch), 197 B.R. 654 (Bankr. W.D. Wis. 1996). “02(5), is part of Wisconsin’s construction lien law, Wis.Stat. § 779.01 et. seq. (1993-94), and purports to create a fiduciary relationship, to wit: [A]ll moneys paid to any prime contractor or subcontractor by any owner for improvements, constitute a trust fund only in the…”
Fischer Constr., LLC v. Ecker (In Re Ecker), 400 B.R. 669 (Bankr. E.D. Wis. 2009). “” Wis. Stat. § 779.01 (2)(a) (2003-04). By adding “repairing or remodeling .”
Riverwood Park, Inc. v. Cent. Ready-Mixed Concrete, Inc., 536 N.W.2d 722 (Wis. Ct. App. 1995). “We agree with Central that the definition of "improvement" in § 779.01(2)(a), Stats., clearly suggests that the legislature intended liens to be available for work besides the physical improvement of a residential building.”
Repub. Bank of Chicago v. Lichosyt, 2007 WI App 150 (Wis. Ct. App. 2007). “§ 779.01, and "mechanic's lien" to describe liens arising from work on personal property.”
Hoida, Inc. v. M&i Midstate Bank, 2004 WI App 191 (Wis. Ct. App. 2004). “See Wis. Stat. § 779.01 . " 'A construction lien is a remedy created by statute to insure payment to contractors, subcontractors, tradesmen, laborers, and materialmen who have furnished labor or materials in good faith for improvement of another's property.”
Torke/Wirth/Pujara, Ltd. v. Lakeshore Towers of Racine, 531 N.W.2d 419 (Wis. Ct. App. 1995). “" Section 779.01(2)(b), STATS. Siesel and Dentinger qualify as lien claimants under this definition.”
Est. of Riese Ex Rel. Com. & Sav. Bank of Monroe v. Weber, 389 N.W.2d 640 (Wis. Ct. App. 1986). “2 Section 779.01(3), Stats., provides in part: Every person who performs any work or procures its performance or furnishes any labor or materials or plans or specifications for the improvement of land, and who complies with s.”
— Wis. Stat. § 779.01(2) — 1 case
McQuay-Perfex, Inc. v. Wisconsin Tel. Co., 381 N.W.2d 587 (Wis. Ct. App. 1985).
— Wis. Stat. § 779.01(2)(a) — 6 cases
Tri-Tech Corp. of Am. v. Americomp Servs., Inc., 2002 WI 88 (Wis. 2002). “The court of appeals also held as a matter of law that computer network cabling constituted an improvement providing a permanent benefit to property within the meaning of Wis. Stat. §§ 779.01 (2)(a) and 779.02(5).”
Riverwood Park, Inc. v. Cent. Ready-Mixed Concrete, Inc., 536 N.W.2d 722 (Wis. Ct. App. 1995). “We agree with Central that the definition of "improvement" in § 779.01(2)(a), Stats., clearly suggests that the legislature intended liens to be available for work besides the physical improvement of a residential building.”
Chase Lumber & Fuel Co. v. Koch (In Re Koch), 197 B.R. 654 (Bankr. W.D. Wis. 1996). “02(5), is part of Wisconsin’s construction lien law, Wis.Stat. § 779.01 et. seq. (1993-94), and purports to create a fiduciary relationship, to wit: [A]ll moneys paid to any prime contractor or subcontractor by any owner for improvements, constitute a trust fund only in the…”
Romes Design, Inc. v. Dinkins (In Re Dinkins ), 327 B.R. 918 (Bankr. E.D. Wis. 2005). “However, evaluating the work of those doing the improvements, described in Wis. Stat. § 779.01 (2)(a) as “building, structure, erection, fixture, demolition, alteration, excavation, filling, grading, tiling, planting, clearing, or landscaping,” is qualitatively different from…”
McQuay-Perfex, Inc. v. Wisconsin Tel. Co., 381 N.W.2d 587 (Wis. Ct. App. 1985).
— Wis. Stat. § 779.01(2)(b) — 1 case
Torke/Wirth/Pujara, Ltd. v. Lakeshore Towers of Racine, 531 N.W.2d 419 (Wis. Ct. App. 1995). “" Section 779.01(2)(b), STATS. Siesel and Dentinger qualify as lien claimants under this definition.”
— Wis. Stat. § 779.01(2)(c) — 3 cases
Tri-Tech Corp. of Am. v. Americomp Servs., Inc., 2002 WI 88 (Wis. 2002). “The court of appeals also held as a matter of law that computer network cabling constituted an improvement providing a permanent benefit to property within the meaning of Wis. Stat. §§ 779.01 (2)(a) and 779.02(5).”
Antonio Soria v. Classic Custom Homes of Waunakee, Inc. (Wis. Ct. App. 2019).
Korb v. H. I. Contractors, Inc. (In re Janes Mfg., Inc.), 12 B.R. 889 (E.D. Wis. 1981).
— Wis. Stat. § 779.01(2)(d) — 3 cases
Romes Design, Inc. v. Dinkins (In Re Dinkins ), 327 B.R. 918 (Bankr. E.D. Wis. 2005). “However, evaluating the work of those doing the improvements, described in Wis. Stat. § 779.01 (2)(a) as “building, structure, erection, fixture, demolition, alteration, excavation, filling, grading, tiling, planting, clearing, or landscaping,” is qualitatively different from…”
MC Cloud Constr., Inc. v. Home Depot USA, Inc., 149 F. Supp. 2d 695 (E.D. Wis. 2001).
State v. Sobkowiak, 496 N.W.2d 620 (Wis. Ct. App. 1992).
— Wis. Stat. § 779.01(2Xc) — 1 case
Korb v. H. I. Contractors, Inc. (In re Janes Mfg., Inc.), 12 B.R. 889 (E.D. Wis. 1981).
— Wis. Stat. § 779.01(3) — 5 cases
Torke/Wirth/Pujara, Ltd. v. Lakeshore Towers of Racine, 531 N.W.2d 419 (Wis. Ct. App. 1995). “" Section 779.01(2)(b), STATS. Siesel and Dentinger qualify as lien claimants under this definition.”
Murphy v. Droessler, 525 N.W.2d 117 (Wis. Ct. App. 1994).
Est. of Riese Ex Rel. Com. & Sav. Bank of Monroe v. Weber, 389 N.W.2d 640 (Wis. Ct. App. 1986). “2 Section 779.01(3), Stats., provides in part: Every person who performs any work or procures its performance or furnishes any labor or materials or plans or specifications for the improvement of land, and who complies with s.”
Korb v. H. I. Contractors, Inc. (In re Janes Mfg., Inc.), 12 B.R. 889 (E.D. Wis. 1981).
Am. Wood Dryers, Inc. v. Bombardier Capital, Inc., 305 F. Supp. 2d 966 (W.D. Wis. 2002).
— Wis. Stat. § 779.01(4) — 4 cases
Est. of Riese Ex Rel. Com. & Sav. Bank of Monroe v. Weber, 389 N.W.2d 640 (Wis. Ct. App. 1986). “2 Section 779.01(3), Stats., provides in part: Every person who performs any work or procures its performance or furnishes any labor or materials or plans or specifications for the improvement of land, and who complies with s.”
Hoida, Inc. v. M&i Midstate Bank, 2004 WI App 191 (Wis. Ct. App. 2004). “See Wis. Stat. § 779.01 . " 'A construction lien is a remedy created by statute to insure payment to contractors, subcontractors, tradesmen, laborers, and materialmen who have furnished labor or materials in good faith for improvement of another's property.”
Marine Bank Appleton v. Hietpas, Inc., 439 N.W.2d 604 (Wis. Ct. App. 1989).
Peltz v. Wisconsin Dep't of Workforce Dev., 283 B.R. 259 (E.D. Wis. 2002).
— Wis. Stat. § 779.01(5) — 1 case
Levine v. Ward (In Re Ward), 425 B.R. 507 (Bankr. E.D. Wis. 2010). “Assignment of a claim or right to a lien or any part thereof by a prime contractor, or garnishment by the creditor of a prime contractor, subcontractor, supplier, service provider, laborer or mechanic, shall not operate to compel the owner, prime contractor, subcontractor,…”
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