Good afternoon. My name is Kimberly Hurtado and I am an attorney specializing in construction law. I have been an associate member of the Metropolitan Builders Association for over 20 years. The focus of my practice is representing contractors and specialty contractors. In my office, we often deal with clients who are trying to preserve construction liens and end up being foreclosed on in order to get paid. Today, I will be discussing the process of properly preserving a construction lien. You should have some handouts and materials that accompany this seminar, including notes and forms provided by the State Bar of Wisconsin in 2006 when the lien law was changed. I see some familiar faces here from previous lien law seminars at the Metropolitan Builders Association. For those who have attended before, you may recall the requirement of mailing a notice of lien to an owner via registered mail with return receipt requested. However, there have been significant changes in recent years, and I will be discussing these changes today. In the past, contractors would approach me after these sessions and express their frustrations about how difficult the process seemed to be. They believed it needed to be made easier and more cost-effective. The State Bar of Wisconsin took these concerns to heart and formed a committee that worked diligently for several years to implement the changes we will be covering today in the construction lien law. For those of you who have not attended this lecture before, construction liens are a unique and powerful remedy for builders. They provide a way for the owner of a property to potentially be liable for paying for the improvements made by contractors. If a trade contractor is not properly paid, it could result in the owner having to pay twice for...
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Lien Waiver wisconsin Form: What You Should Know
If the contractor does not pay the bill The final payment for your project is considered a final judgment and will be applied against your property, and you will be on the hook to make back the payment. How many lien waivers can I send? For each construction project that is under contract? 1 or 2? 2? 3? The reason given is that there is no way to tell exactly how many lien waivers a contractor will be required to accept. Most contractors won't be able to accurately predict the number of construction lien waivers they will receive. It is best to assume you can rely on your contractor being in receipt of more lien waivers than other projects they may have worked on, especially on more complex and lengthy construction projects. How do you know a contractor is under contract on my home? Some contractors will always be contract eligible to work on your home. This is especially true in the case of a homeowner association or condominium association, where the owners are usually the building owners and who will have the greatest interest in holding down costs if the contractor performs work for a project. However, in the case of a contractor working for a consumer-owned business, this can vary from contractor to contractor. For instance, if a private-equity firm, investment bank, or other third party is working on a consumer-owned commercial project, and the owner of the company wants the home to be finished and sold, the contractor can expect to receive more waivers than if he was working for the homeowners association or condominium association. A contractor who signs a written contract is contract eligible? When a construction contractor signs a written contract or in an oral contract, that individual has agreed to perform the construction work, services, or other works that are the subject of the contract. It is not the responsibility (or duty) of the contracting parties to ensure that their agents, employees, and subcontractors perform construction work on a completed home unless the agreement or contract states otherwise.
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