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In WI the Dept of Consumer Affairs says to get a lien waiver from subcontractor, but primary says not needed.How protect myself?

Milwaukee, WI |

Had a roof put on in Wisconsin. 60 days are past and I am ready to pay contractor, buts he says I do not need Lien waiver from subcontactor. If I get a Lien waiver from primary contractor only, can subcontractor sue me if he is not paid by primary contractor. What do I need to protect myself here. Subcontractor did not give me any lien notice, and has been over 60 days since last work was done. I am concerned that a lien waiver from primary contractor is not enough to protect me from an unpaid sub? Is lien waiver from Primary all I need?

The subcontractor lien rights as I understand expired 60 days after work completed. So if he does not get paid by the primary after that 60 days, can he sue me for his money evn if his lien rights expired? Does something called quantum merit apply here? other than paying the sub directly, is there anyway to be sure the sub can not sue me?

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Attorney answers 1


The subcontractor can come after you for a bill paid to the contractor. Hence, it is typically advisable to get a lien waiver from the subcontractor whether or not the contractor also will be providing a lien waiver. Without a lien waiver from both, there is cause to worry. For more, I welcome you to consult the following source:

And, if you would like to discuss with me personally, I encourage you to call me at 262-789-2741. Thank you.