Wis. Stat. » CHAPTER 779 — LIENS
Wisconsin Statutes

Wis. Stat. § 779.135 (2026)

Construction contracts, form of contract

✓ current as of July 2026
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779.135779.135 Construction contracts, form of contract. The following provisions in contracts for the improvement of land in this state are void:
779.135(1)(1) Provisions requiring any person entitled to a construction lien to waive his or her right to a construction lien or to a claim against a payment bond before he or she has been paid for the labor, services, materials, plans, or specifications that he or she performed, furnished, or procured.
779.135(2)(2) Provisions making the contract subject to the laws of another state or requiring that any litigation, arbitration or other dispute resolution process on the contract occur in another state.
779.135(3)(3) Provisions making a payment to a prime contractor from any person who does not have a contractual agreement with the subcontractor, supplier, or service provider a condition precedent to a prime contractor’s payment to a subcontractor, supplier, or service provider. This subsection does not prohibit contract provisions that may delay a payment to a subcontractor until the prime contractor receives payment from any person who does not have a contractual agreement with the subcontractor, supplier, or service provider.
779.135 HistoryHistory: 1993 a. 213 ss. 164, 165; Stats. 1993 s. 779.135; 2005 a. 204.
779.135 AnnotationSub. (1) voids a contract provision that requires a subcontractor to waive its right to a construction lien before it can get paid. Section 779.05 (1) specifically allows a subcontractor who has signed a contract containing a lien waiver provision to refuse to furnish the waiver unless paid in full for the work or material to which the waiver relates. Thus, a subcontractor facing a void construction lien waiver contract provision has a choice: it can either tender a lien waiver prior to being paid or refuse to do so until it is paid. Tri-State Mechanical, Inc. v. Northland College, 2004 WI App 100, 273 Wis. 2d 471, 681 N.W.2d 302, 03-2182.
779.135 AnnotationA contractual forum selection clause requiring litigation in another state contravened sub. (2) and was void. McCloud Construction, Inc. v. Home Depot USA, Inc., 149 F. Supp. 2d 695 (2001).
Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1997–2024 · leading case: Tri-State Mech., Inc. v. Northland Coll., 2004 WI App 100 (Wis. Ct. App. 2004).
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Tri-State Mech., Inc. v. Northland Coll., 2004 WI App 100 (Wis. Ct. App. 2004). · cites it 8× “The court concluded that while the lien waiver provision in Jones' contract with Tomlinson was void pursuant to Wis. Stat. § 779.135 , 1 Jones nevertheless produced a valid lien waiver before having been paid.”
MC Cloud Constr., Inc. v. Home Depot USA, Inc., 149 F. Supp. 2d 695 (E.D. Wis. 2001). · cites it 10× “McCloud opposes the motion, arguing that the forum selection clause is invalid because it violates the public policy of Wisconsin as expressed in Wis. Stat. § 779.135 , which provides that certain “provisions in contracts for the improvement of land in this state are void,”…”
Superior Steel, Inc. v. Ascent at Roebling's Bridge, LLC, 540 S.W.3d 770 (Mo. Ct. App. 2017). “); 17 Wis. Stat. § 779.135 (West, Westlaw *786 through 2017 Act 60).”
Wellington Power Corp. v. CNA Sur. Corp., 614 S.E.2d 680 (W. Va. 2005). · cites it 2× “2003); Wis. Stat. Ann. § 779.135 (1), (3) (2001).”
MidAmerica Constr. Mgmt., Inc. v. MasTec North Am., Inc., 436 F.3d 1257 (10th Cir. 2006). “”); Wis. Stat. § 779.135 (3) (rendering void “[p]rovisions making a payment to a general contractor from any person who does not have a contractual agreement with the subcontractor or supplier a condition precedent to a general contractor’s payment to a subcontractor or a…”
United States Ex Rel. Roach Concrete, Inc. v. Vet. Pac., JV, 787 F. Supp. 2d 851 (E.D. Wis. 2011). · cites it 2× “See Wis. Stat. § 779.135 (2) (contracts for the improvement of land in Wisconsin may not contain provisions subjecting such contracts to the laws of another state).”
Wm. R. Clarke Corp. v. Safeco Ins. of Am., 938 P.2d 372 (Cal. 1997). “We granted review in this case to determine whether a subcontractor may collect on a general contractor’s payment bond for work it has performed under a contract containing a pay if paid provision when the owner has not paid the general contractor.”
SJ Props. Suites v. Specialty Fin. Grp., LLC, 864 F. Supp. 2d 776 (E.D. Wis. 2012). · cites it 5× “Wis. Stat. § 779.135 (2) (2007-08). However, that section is part of Chapter 779, is entitled “Liens,” and further part of Subchapter 1, which is captioned “Construction Liens.”
State ex rel. Beck v. Lamb, 918 N.W.2d 643 (Wis. Ct. App. 2018). · cites it 2× “506 (barring or voiding waiver of certain consumer rights); and Wis. Stat. § 779.135 (voiding certain provisions in contracts for the improvement of land, including waivers of construction liens).”
Wesner Dev. LLC v. Class One Professionals LLC (E.D. Wis. 2024). · cites it 2× “On December 1, 2022, Class One sent an 2 Wesner also argues that the forum selection clause is void under Wis. Stat. § 779.135 , which precludes such clauses in construction contracts.”
The Ascent at Roebling's Bridge, LLC v. Superior Steel, Inc. (Ky. 2017). “);17 Wis. Stat.§ 779.135 (West, Westlaw through 2017 Act 60).”
Superior Steel, Inc. v. The Ascent at Roebling's Bridge, LLC (Ky. 2017). “);17 Wis. Stat.§ 779.135 (West, Westlaw through 2017 Act 60).”
Show all 14 citing cases →
— Wis. Stat. § 779.135(1) — 1 case
Tri-State Mech., Inc. v. Northland Coll., 2004 WI App 100 (Wis. Ct. App. 2004). “The court concluded that while the lien waiver provision in Jones' contract with Tomlinson was void pursuant to Wis. Stat. § 779.135 , 1 Jones nevertheless produced a valid lien waiver before having been paid.”
— Wis. Stat. § 779.135(2) — 2 cases
MC Cloud Constr., Inc. v. Home Depot USA, Inc., 149 F. Supp. 2d 695 (E.D. Wis. 2001). “McCloud opposes the motion, arguing that the forum selection clause is invalid because it violates the public policy of Wisconsin as expressed in Wis. Stat. § 779.135 , which provides that certain “provisions in contracts for the improvement of land in this state are void,”…”
SJ Props. Suites v. Specialty Fin. Grp., LLC, 864 F. Supp. 2d 776 (E.D. Wis. 2012). “Wis. Stat. § 779.135 (2) (2007-08). However, that section is part of Chapter 779, is entitled “Liens,” and further part of Subchapter 1, which is captioned “Construction Liens.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.