Qualifier Lien
Law Quiz
Instructions: www.garyklinka.com
- Print these pages.
- Circle the correct answers.
- Page down to the last page for the verification forms and mailing instructions.
This 6 hour course is approved for:
1. Dwelling Contractor Qualifier Certification.
2. Initial Qualifier-Dwelling Contractor Qualifier Certification. (12 total hours required)
3. Manufactured Home Installer License.
Use this information to answer
the below multiple choose questions
Every owner with a construction or remodeling project of any size or scope undertaken
on their property should know about lien laws and how they may impact the
project. For most jobs, initial lien laws procedures are simply a state
required formality for consumer and contractor protection. But, serious consequences
can arise if lien rights are disregarded.
Construction Liens are an early American legal innovation Thomas Jefferson
and James Madison first created in 1791 to encourage building in
What is a Construction
Lien?
A construction lien is a legal instrument and public record that states there is a valid, unpaid debt against the specific real estate named. The possibility of a lien arises whenever improvements are made to real estate in the course of construction or remodeling projects.
What are the steps to
a construction lien?
The Preliminary Notice is usually the first requirement of a Construction lien. If proper payment is not received, then a warning letter, Notice of Intent to Lien, must be provided to the property owner before a Construction lien can be recorded. (Editor’s note: Some states do not require a warning Notice before a lien is recorded).
Who
has the right to lien my property?
Anyone that supplies labor, material or expertise onto your property and doesn’t get properly paid. This includes the builder, electrician, plumber, excavator, carpenter, drywaller, mason, painter, roofer, architect, landscaper, etc., and their suppliers.
What
else can I do to protect myself?
Make sure you get lien waivers from your contractor and his subs and material suppliers for all monies you pay out in the course of your project.
A lien waiver states that the party signing the document waives or releases their lien rights against the property. These waivers can be partial or full waivers of lien rights depending on the amount they received and the value of their contribution to the project.
How
do I make sure everybody is getting his or her proper payment?
It is your contractor’s legal responsibility to see that his Subcontractors and material suppliers are paid with monies you give him. Also, if you are financing the project your lender or Title company may help track your payouts and answer questions.
What
happens if a lien is placed against my property?
A lien is a serious threat to your property title. Aside from the embarrassment and immediate cloud to your title, the party placing the construction lien can petition the court to sell your property at public auction, i.e. Foreclosure, to satisfy the lien.
How
do I remove a Construction lien from my property?
It is not likely that a lien will be released or "Satisfied" without payment to the lien holder. An attorney should be retained to determine if all elements of a lien have been done correctly. Upon payment and acceptance of the amount due, the owner has the right to demand a "lien satisfaction" from the lien claimant.
Can
someone record a construction lien even if I pay my contractor?
Yes. Anyone who has not been paid for labor, material, equipment or services on your project and has followed other statutory requirements has the right to a construction Lien.
Use the above
information to answer questions 1-12 below.
1. What else can I do to protect myself?
a. A lien waiver states that the party signing the document waives or releases their lien rights against the property. These waivers can be partial or full waivers of lien rights depending on the amount they received and the value of their contribution to the project.
b. Anyone that supplies labor, material or expertise onto your property and doesn’t get properly paid. This includes the builder, electrician, plumber, excavator, carpenter, drywaller, mason, painter, roofer, architect, landscaper, etc., and their suppliers.
c. Make sure you get lien waivers from your contractor and his subs and material suppliers for all monies you pay out in the course of your project.
d. The Preliminary Notice is usually the first requirement of a Construction lien. If proper payment is not received, then a warning letter, Notice of Intent to Lien, must be provided to the property owner before a Construction lien can be recorded. (Editor’s note: Some states do not require a warning Notice before a lien is recorded).
2. What is a lien waiver?
a. A lien waiver states that the party signing the document waives or releases their lien rights against the property. These waivers can be partial or full waivers of lien rights depending on the amount they received and the value of their contribution to the project.
b. Anyone that supplies labor, material or expertise onto your property and doesn’t get properly paid. This includes the builder, electrician, plumber, excavator, carpenter, drywaller, mason, painter, roofer, architect, landscaper, etc., and their suppliers.
c. Make sure you get lien waivers from your contractor and his subs and material suppliers for all monies you pay out in the course of your project.
d. The Preliminary Notice is usually the first requirement of a Construction lien. If proper payment is not received, then a warning letter, Notice of Intent to Lien, must be provided to the property owner before a Construction lien can be recorded. (Editor’s note: Some states do not require a warning Notice before a lien is recorded).
3. Who has the right to lien my property?
a. A lien waiver states that the party signing the document waives or releases their lien rights against the property. These waivers can be partial or full waivers of lien rights depending on the amount they received and the value of their contribution to the project.
b. Anyone that supplies labor, material or expertise onto your property and doesn’t get properly paid. This includes the builder, electrician, plumber, excavator, carpenter, drywaller, mason, painter, roofer, architect, landscaper, etc., and their suppliers.
c. Make sure you get lien waivers from your contractor and his subs and material suppliers for all monies you pay out in the course of your project.
d. The Preliminary Notice is usually the first requirement of a Construction lien. If proper payment is not received, then a warning letter, Notice of Intent to Lien, must be provided to the property owner before a Construction lien can be recorded. (Editor’s note: Some states do not require a warning Notice before a lien is recorded).
4. What are the steps to a construction lien?
a. A lien waiver states that the party signing the document waives or releases their lien rights against the property. These waivers can be partial or full waivers of lien rights depending on the amount they received and the value of their contribution to the project.
b. Anyone that supplies labor, material or expertise onto your property and doesn’t get properly paid. This includes the builder, electrician, plumber, excavator, carpenter, drywaller, mason, painter, roofer, architect, landscaper, etc., and their suppliers.
c. Make sure you get lien waivers from your contractor and his subs and material suppliers for all monies you pay out in the course of your project.
d. The Preliminary Notice is usually the first requirement of a Construction lien. If proper payment is not received, then a warning letter, Notice of Intent to Lien, must be provided to the property owner before a Construction lien can be recorded. (Editor’s note: Some states do not require a warning Notice before a lien is recorded).
5. What is a construction lien?
a. A construction lien is a legal instrument and public record that states there is a valid, unpaid debt against the specific real estate named. The possibility of a lien arises whenever improvements are made to real estate in the course of construction or remodeling projects.
b. It is your contractor’s legal responsibility to see that his Subcontractors and material suppliers are paid with monies you give him. Also, if you are financing the project your lender or Title company may help track your payouts and answer questions.
c. A lien is a serious threat to your property title. Aside from the embarrassment and immediate cloud to your title, the party placing the construction lien can petition the court to sell your property at public auction, i.e. Foreclosure, to satisfy the lien.
d. Yes. Anyone who has not been paid for labor, material, equipment or services on your project and has followed other statutory requirements has the right to a construction Lien.
6. How do I make sure everybody is getting his or her proper payment?
a. A construction lien is a legal instrument and public record that states there is a valid, unpaid debt against the specific real estate named. The possibility of a lien arises whenever improvements are made to real estate in the course of construction or remodeling projects.
b. It is your contractor’s legal responsibility to see that his Subcontractors and material suppliers are paid with monies you give him. Also, if you are financing the project your lender or Title company may help track your payouts and answer questions.
c. A lien is a serious threat to your property title. Aside from the embarrassment and immediate cloud to your title, the party placing the construction lien can petition the court to sell your property at public auction, i.e. Foreclosure, to satisfy the lien.
d. Yes. Anyone who has not been paid for labor, material, equipment or services on your project and has followed other statutory requirements has the right to a construction Lien.
7. What happens if a lien is placed against my property?
a. A construction lien is a legal instrument and public record that states there is a valid, unpaid debt against the specific real estate named. The possibility of a lien arises whenever improvements are made to real estate in the course of construction or remodeling projects.
b. It is your contractor’s legal responsibility to see that his Subcontractors and material suppliers are paid with monies you give him. Also, if you are financing the project your lender or Title company may help track your payouts and answer questions.
c. A lien is a serious threat to your property title. Aside from the embarrassment and immediate cloud to your title, the party placing the construction lien can petition the court to sell your property at public auction, i.e. Foreclosure, to satisfy the lien.
d. Yes. Anyone who has not been paid for labor, material, equipment or services on your project and has followed other statutory requirements has the right to a construction Lien.
8. Can someone record a construction lien even if I pay my contractor?
a. A construction lien is a legal instrument and public record that states there is a valid, unpaid debt against the specific real estate named. The possibility of a lien arises whenever improvements are made to real estate in the course of construction or remodeling projects.
b. It is your contractor’s legal responsibility to see that his Subcontractors and material suppliers are paid with monies you give him. Also, if you are financing the project your lender or Title company may help track your payouts and answer questions.
c. A lien is a serious threat to your property title. Aside from the embarrassment and immediate cloud to your title, the party placing the construction lien can petition the court to sell your property at public auction, i.e. Foreclosure, to satisfy the lien.
d. Yes. Anyone who has not been paid for labor, material, equipment or services on your project and has followed other statutory requirements has the right to a construction Lien.
9. How do I remove a construction lien from my property?
a. It is not likely that a lien will be released or "Satisfied" without payment to the lien holder. An attorney should be retained to determine if all elements of a lien have been done correctly. Upon payment and acceptance of the amount due, the owner has the right to demand a "lien satisfaction" from the lien claimant.
b. It is your contractor’s legal responsibility to see that his Subcontractors and material suppliers are paid with monies you give him. Also, if you are financing the project your lender or Title company may help track your payouts and answer questions.
c. A lien is a serious threat to your property title. Aside from the embarrassment and immediate cloud to your title, the party placing the construction lien can petition the court to sell your property at public auction, i.e. Foreclosure, to satisfy the lien.
d. Yes. Anyone who has not been paid for labor, material, equipment or services on your project and has followed other statutory requirements has the right to a construction Lien.
10. Lien laws were enacted to help protect _____________ and ______________ who, for one reason or another don’t receive payment.
a. contractor
b. honest workmen
c. material suppliers
d. both b and c
11. Lien laws are designed to prevent a property owner from getting the benefit of the work or materials without paying for them.
a. true
b. false
12. Every owner with a construction or remodeling project of any size or scope undertaken on their property should know about lien laws and how they may impact the project.
a. true
b. false
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CONSTRUCTION LIEN PROCEDURES
The "LIEN NOTICE" form
must be sent to the owner of the property by a sub-contractor (someone hired by
a prime contractor), within 60 days after furnishing first labor or materials
on the property. This Notice is not required to be sent to the owner by a prime
contractor or on commercial buildings over 10,000 sq ft. See 779.02,
The "NOTICE OF INTENTION TO
FILE CLAIM FOR LIEN" must be sent to the owner of the property if the
sub-contractor did not get paid. This notice must be sent 30 days prior to
filing a "CLAIM FOR LIEN" with the Clerk of Court.
The "CLAIM FOR LIEN"
must be filed with copies of the "LIEN NOTICE" and "NOTICE
OF INTENT TO FILE CLAIM FOR LIEN" and proof of service of those documents
on the property owner.
A. Construction lien law is
contained in Ch. 779, Wis. Stats.
B. The following persons have lien
rights:
1. A
prime contractor.
2. A
person who contracts directly with a land owner.
3. A person
who provides labor or materials for the construction (a subcontractor, or a
laborer or mechanic employed by a prime contractor or subcontractor).
C. In order for a person to
exercise these rights, the following must happen first (exceptions to this are
contained in paragraph D):
1. A
prime contractor must notify the land owner in writing that: (1) he/she; (2)
any person who contracts directly with the landowner; and, (3) any person who
gives the land owner notice of his/her rights within 60 days after they first
furnish labor or materials for the construction have lien rights. The language
of the notice is contained in sec. 779.02(2)(a); and,
2. Any
person other than the prime contractor who furnishes labor or materials for the
construction gives written notice of his/her lien rights to the land owner
within 60 days after first furnishing labor or materials. The language of the
notice is contained in sec. 779.02(2)(b).
D. The notices of lien rights
identified in paragraph C are not required to be given by:
1. Any
laborer or mechanic employed by any prime contractor or subcontractor.
2. Any
lien claimant other than a prime contractor who has contracted directly with
the owner for the work or materials furnished.
3. Any
lien claimant furnishing labor or materials for an improvement where:
a) more than 4 family living units are to be provided or
added, if the improvement is wholly residential in character; or
b) more than 10,000 total usable square feet of floor space
is to be provided or added, if the improvement is partly or wholly
nonresidential in character.
4. Any
prime contractor who is personally an owner of the land to be improved, by any
corporate prime contractor of which an owner of the land is an officer or
controlling shareholder, by any prime contractor who is an officer or
controlling shareholder of a corporation which is an owner of the land, or by
any corporate prime contractor managed or controlled by substantially the same
persons who manage or control a corporation which is an owner of the land.
5. By any
lien claimant, other than a prime contractor, who furnishes labor or materials
for an improvement on a project on which the prime contractor is not required
to give a notice of lien rights.
13. The "LIEN NOTICE" form must be sent to the owner of the property by a sub-contractor (someone hired by a prime contractor), within ___ days after furnishing first labor or materials on the property.
a. 10
b. 30
c. 60
d. none of the above
14. This Notice is not required to be sent to the
owner by a prime contractor or on commercial buildings over __________ sq ft.
See 779.02,
a. 500
b. 5,000
c. 1,000
d. 10,000
15. The "NOTICE OF INTENTION TO FILE CLAIM FOR LIEN" must be sent to the owner of the property if the sub-contractor did not get paid. This notice must be sent ____days prior to filing a "CLAIM FOR LIEN" with the Clerk of Court.
a. 10
b. 30
c. 60
d. none of the above
16. The "CLAIM FOR LIEN" must be filed with copies of the "LIEN NOTICE".
a. true
b. false
17. The "CLAIM FOR LIEN" must be filed with copies of the "NOTICE OF INTENT TO FILE CLAIM FOR LIEN".
a. true
b. false
18. The "CLAIM FOR LIEN" must be filed with copies of the proof of service of those documents on the property owner.
a. true
b. false
19. Construction lien law is contained in Ch. 779, Wis. Stats.
a. true
b. false
20. The following person has lien rights: A prime contractor.
a. true
b. false
21. The following person has lien rights: A person who contracts
directly with a lending institute.
a. true
b. false
22. The following person has lien rights: A person who
provides labor or materials for the construction (a subcontractor, or a laborer
or mechanic employed by a prime contractor or lending institute).
a. true
b. false
23. In order for a person to exercise these rights, the
following must happen first (exceptions to this are contained in paragraph D):
1. A prime contractor must notify the land owner in writing that: (1) he/she;
(2) any person who contracts directly with the landowner; and, (3) any person
who gives the land owner notice of his/her rights within 30 days after they
first furnish labor or materials for the construction have lien rights. The
language of the notice is contained in sec. 779.02(2)(a);
a. true
b. false
24. In order for a person to exercise these rights, the
following must happen first (exceptions to this are contained in paragraph D):
Any person other than the prime contractor who furnishes labor or materials for
the construction gives written notice of his/her lien rights to the land owner
within 30 days after first furnishing labor or materials. The language of the
notice is contained in sec. 779.02(2)(b).
a. true
b. false
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D. The notices of lien rights
identified in paragraph C are not required to be given by:
1. Any
laborer or mechanic employed by any prime contractor or subcontractor.
2. Any
lien claimant other than a prime contractor who has contracted directly with
the owner for the work or materials furnished.
3. Any
lien claimant furnishing labor or materials for an improvement where:
a) more than 4 family living units are to be provided or
added, if the improvement is wholly residential in character; or
b) more
than 10,000 total usable square feet of floor space is to be provided or added,
if the improvement is partly or wholly nonresidential in character.
4. Any
prime contractor who is personally an owner of the land to be improved, by any
corporate prime contractor of which an owner of the land is an officer or
controlling shareholder, by any prime contractor who is an officer or
controlling shareholder of a corporation which is an owner of the land, or by
any corporate prime contractor managed or controlled by substantially the same
persons who manage or control a corporation which is an owner of the land.
5. By any
lien claimant, other than a prime contractor, who furnishes labor or materials
for an improvement on a project on which the prime contractor is not required
to give a notice of lien rights.
25. The notices of lien rights identified in paragraph C are
not required to be given by: 1. Any laborer or mechanic employed by any lending
institution.
a. true
b. false
26. The notices of lien rights identified in paragraph C are
not required to be given by: 2. Any lien claimant other than a prime contractor
who has contracted directly with the owner for the work or materials furnished.
a. true
b. false
27. The notices of lien rights identified in paragraph C are
not required to be given by: Any lien claimant furnishing labor or
materials for an improvement where: a) more than 6 family living units are to
be provided or added, if the improvement is wholly residential in character.
a. true
b. false
28. The notices of lien rights identified in paragraph C are
not required to be given by: Any lien claimant furnishing labor or
materials for an improvement where: b) more than 1,000 total usable square feet
of floor space is to be provided or added, if the improvement is partly or
wholly nonresidential in character.
a. true
b. false
29. The notices of lien rights identified in paragraph C are
required to be given by: Any prime contractor who is personally an owner of the
land to be improved, by any corporate prime contractor of which an owner of the
land is an officer or controlling shareholder, by any prime contractor who is
an officer or controlling shareholder of a corporation which is an owner of the
land, or by any corporate prime contractor managed or controlled by
substantially the same persons who manage or control a corporation which is an
owner of the land.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
E. If a person desires to enforce
lien rights, he/she must serve on the land owner, at least 30 days before
filing a claim for lien, a written Notice of Intention to File Claim for Lien.
This is required regardless of whether the person was required to give notice
of lien rights under paragraph C. See sec. 779.06(2), Stats.
30. If a person desires to enforce lien rights, he/she must
serve on the ___________ .
a. contractor
b. sub contractor
c. land owner
d. none of the above
31. If a person desires to enforce lien rights, he/she must
serve at least ____ days before filing a claim for lien.
a. 10
b. 30
c. 60
d. none of the above
32. This is required regardless of whether the person was
required to give notice of lien rights under paragraph C. See sec. 779.06(2),
Stats.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
F. After the Notice of Intention
to File Claim for Lien is served on the land owner, a Claim for Lien shall be
filed in the Clerk of Court's office. It must be filed within 6 months from the
date the lien claimant furnished the last labor or materials on the
improvement. The Claim for Lien shall have attached to it a copy of any notice of
lien rights given under Paragraph C and a copy of the Notice of Intent to File
Claim for Lien. See sec. 779.06(1)8(3), Stats. The required filing fee to be
paid to the Clerk of Court is $5.00.
33. After the Notice of Intention to File Claim for Lien is
served on the land owner, a Claim for Lien shall be filed in the
__________________.
a. Small claims court
b. Register of Deeds
c. Clerk of Court’s office
d. all of the above
34. It must be filed within ___ months from the date the lien
claimant furnished the last labor or materials on the improvement.
a. 3
b. 4
c. 6
d. 12
-------------------------------------------------------------------------------------------------------------------------------
The Claim for Lien form must contain the following
information:
1. A statement of the contract or demand upon which it is founded. Typically, this is a statement that the claimant performed a certain type of work for the owner at the direction of the owner or the owner's agent.
2. The name of the person against whom the claim is made.
3. The name of the claimant and any assignee.
4. The last date on which the claimant performed any labor or furnished any materials on the job (within 6 months of filing the claim with the Clerk's office).
5. A.1egal description of the property against which the lien is claimed.
6. A statement of the amount claimed and other material facts.
7. The signature of the claimant or the claimant's attorney.
Use the above information to fill in the blank with the
correct answer.
Question? What seven items are required for the Claim of Lien form? (fill in the blank)
35.
36.
37.
38.
39.
40.
41.
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779.01 Construction liens. (1) NAME OF LAW. This subchapter
may be referred to as the construction lien law.
(2) DEFINITIONS. In this subchapter unless the context or subject
matter requires otherwise:
(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”.
(am) “Labor” includes any wages and related contributions for
state employment taxes, worker’s compensation and unemployment
compensation insurance, and other fringe benefits.
(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.
(bm) “Materials” includes any construction materials, supplies,
tools, fixtures, equipment, machinery, vehicles, fuel, and
energy.
(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.
(d) “Prime contractor” means any of the following:
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.
2. An owner of land who acts personally as prime contractor
in improving such land.
(e) “Serve” or “served” means personal delivery, delivery by
registered or certified mail, service in a manner described for ser
vice 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.
42. “Prime Contractor” means any of the following:
a. 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.
b. An owner of land who acts personally as prime contractor in improving such land.
c. both a & b
d. neither a & b
Fill in the blank
43. “ ” 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”.
44. “ ” includes any construction materials, supplies, tools, fixtures, equipment, machinery, vehicles, fuel, and energy.
45. “ ” includes any wages and related contributions for state employment taxes, worker’s compensation and unemployment compensation insurance, and other fringe benefits.
46. “ ” 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.
48. “ ” 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.
49. “ ” 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.
-----------------------------------------------------------------------------------------------------------------------------
(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.
50. 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.
a. true
b. false
------------------------------------------------------------------------------------------------------------------------------
(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.
51. When new construction is the principal improvement involved, commencement is considered to occur after the excavation for the foundations, footings or base of the new construction.
a. true
b. false
------------------------------------------------------------------------------------------------------------------------------
(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.
52. 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.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
779.02 Notice required to preserve lien rights; exceptions;
saving clause; obligations of contractors.
(1) EXCEPTIONS TO NOTICE REQUIREMENT. The notice required to
be given by lien claimants under sub. (2) shall not be required to
be given in the following cases only:
(a) By any laborer or mechanic employed by any prime contractor
or subcontractor.
(b) By any lien claimant who has contracted directly with the
owner for the labor, services, materials, plans, or specifications
performed, furnished, or procured, unless the claimant is a prime
contractor subject to the notice requirement of sub. (2) (a).
(c) By any lien claimant performing, furnishing, or procuring
labor, services, materials, plans, or specifications for an improvement
in any case where more than 4 family living units are to be
provided or added by such work of improvement, if the improvement
is wholly residential in character, or in any case where the
improvement is partly or wholly nonresidential in character.
(d) By any prime contractor who is personally an owner of the
land to be improved, by any corporate prime contractor of which
an owner of the land is an officer or controlling shareholder, by
any prime contractor who is an officer or controlling shareholder
of a corporation which is an owner of the land or by any corporate
prime contractor managed or controlled by substantially the same
persons who manage or control a corporation which is an owner
of the land.
(e) By any lien claimant, other than a prime contractor, who
performs, furnishes, or procures labor, services, materials, plans,
or specifications for an improvement on a project on which the
prime contractor is not required to give notice under this section.
53. The notice required to be given by lien claimants under sub. (2) shall be required to be given by any laborer or mechanic employed by any prime contractor or subcontractor.
a. true
b. false
----------------------------------------------------------------------------------------------------------------------------
(2) NOTICE TO OWNER, LENDER, AND SUPPLIER. (a) Every prime
contractor who enters into a contract with the owner for a work of
improvement on the owner’s land and who has contracted or will
contract with any subcontractors, suppliers, or service providers
to perform, furnish, or procure labor, services, materials, plans, or
specifications for the work of improvement shall include in any
written contract with the owner the notice required by this paragraph,
and shall provide the owner with a copy of the written contract.
If no written contract for the work of improvement is entered
into, the notice shall be prepared separately and served on the
owner or authorized agent within 10 days after the first labor, services,
materials, plans, or specifications are performed, furnished,
or procured for the improvement by or pursuant to the authority
of the prime contractor. The notice, whether included in a written
contract or separately given, shall be in at least 8−point bold type,
if printed, or in capital letters, if typewritten. It shall be in substantially
the following language: “As required by the
lien law, claimant hereby notifies owner that persons or
companies performing, furnishing, or procuring labor, services,
materials, plans, or specifications for the construction on owner’s
land may have lien rights on owner’s land and buildings if not
paid. Those entitled to lien rights, in addition to the undersigned
claimant, are those who contract directly with the owner or those
who give the owner notice within 60 days after they first perform,
furnish, or procure labor, services, materials, plans or specifications
for the construction. Accordingly, owner probably will
receive notices from those who perform, furnish, or procure labor,
services, materials, plans, or specifications for the construction,
and should give a copy of each notice received to the mortgage
lender, if any. Claimant agrees to cooperate with the owner and
the owner’s lender, if any, to see that all potential lien claimants
are duly paid”.
(b) Every person other than a prime contractor who performs,
furnishes, or procures labor, materials, plans, or specifications for
an improvement shall have the lien and remedy under this subchapter
only if within 60 days after performing, furnishing, or procuring
the first labor, services, materials, plans, or specifications
the person serves a written notice, in 2 signed copies, on the owner
or authorized agent at the last−known post−office address. The
owner or agent shall provide a copy of the notice received, within
10 days after receipt, to any mortgage lender who is furnishing or
is to furnish funds for construction of the improvement to which
the notice relates. The notice to the owner shall be in substantially
the following language, with blanks accurately filled in: “As a part
of your construction contract, your prime contractor or claimant
has already advised you that those who perform, furnish, or procure
labor, services, materials, plans, or specifications for the
work will be notifying you. The undersigned first performed, furnished,
or procured labor, services, materials, plans, or specifications
on .... (give date) for the improvement now under construction
on your real estate at .... (give legal description, street address
or other clear description). Please give your mortgage lender the
extra copy of this notice within 10 days after you receive this, so
your lender, too, will know that the undersigned is included in the
job”.
(c) If any prime contractor required to give the notice prescribed
in par. (a) fails to give notice as required, the prime contractor
does not have the lien and remedy provided by this subchapter
unless the prime contractor pays all of the prime
contractor’s obligations to its subcontractors, suppliers, and service
providers in respect to the work of improvement within the
time periods under s. 779.06 and until the time for notice under
par. (b) has elapsed and either none of its subcontractors, suppliers,
or service providers gives notice as a lien claimant under par.
(b) or all of its subcontractors, suppliers, and service providers
have waived all lien rights in full under s. 779.05.
(d) Every mortgage lender making an improvement or construction
loan shall make reasonable inquiry of the owner as to
whether any notices required by this subsection have been given.
A lender is not required to pay out any loan proceeds unless or
until the prime contractor has given any notice required of the
prime contractor by this subsection.
(e) If the owner or lender complains of any insufficiency of any
notice, the burden of proof is upon the owner or lender to show that
he or she has been misled or deceived by the insufficiency. If there
is more than one owner, giving the notice required to any one
owner or authorized agent is sufficient. In addition, every prime
contractor and subcontractor, at the time of purchasing or contracting
for any materials to be used in any of the cases enumerated
in s. 779.01, shall upon request deliver to the supplier a description
of the real estate upon which the materials are to be used and the
name and post−office address of the owner and authorized agent,
if any. Failure to receive such description and name and address
does not relieve a supplier who asserts a lien from the requirement
of giving timely notice.
54. Every prime contractor who enters into a contract with the owner for a work of improvement on the owner’s land and who has contracted or will contract with any subcontractors, suppliers, or service providers to perform, furnish, or procure labor, services, materials, plans, or specifications for the work of improvement shall include in any written contract with the owner the notice required by this paragraph, and may provide the owner with a copy of the written contract.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
(3) FAILURE TO GIVE NOTICE; SAVING CLAUSE. Any lien claimant,
other than the prime contractor, who fails to give a notice as
required by sub. (2) (b) shall have no lien on the land or improvement
to which the failure relates. Any claimant who serves a late
but otherwise proper notice on the owner or authorized agent shall
have the lien provided by s. 779.01 for any labor, services, materials,
plans, or specifications performed, furnished, or procured
after the late notice is actually received by the owner. The burden
of proving that labor, services, materials, plans, or specifications
for which a lien is claimed were furnished after that date is on the
lien claimant.
55. The burden of proving that labor, services, materials, plans, or specifications for which a lien is claimed were furnished after that date is on the __________________ .
a. lien claimant
b. sub contractor
c. land owner
d. none of the above
-------------------------------------------------------------------------------------------------------------------------------
(4) NOTICE AND FILING REQUIREMENTS IN S. 779.06 UNAFFECTED.
Nothing in this section shall be construed to relieve any lien claimant
of the notice and filing requirements under s. 779.06.
(5) THEFT BY CONTRACTORS. The proceeds of any mortgage on
land paid to any prime contractor or any subcontractor for
improvements upon the mortgaged premises, and all moneys paid
to any prime contractor or subcontractor by any owner for
improvements, constitute a trust fund only in the hands of the
prime contractor or subcontractor to the amount of all claims due
or to become due or owing from the prime contractor or subcontractor
for labor, services, materials, plans, and specifications
used for the improvements, until all the claims have been paid, and
shall not be a trust fund in the hands of any other person. The use
of any such moneys by any prime contractor or subcontractor for
any other purpose until all claims, except those which are the subject
of a bona fide dispute and then only to the extent of the amount
actually in dispute, have been paid in full or proportionally in
cases of a deficiency, is theft by the prime contractor or subcontractor
of moneys so misappropriated and is punishable under s.
943.20. If the prime contractor or subcontractor is a corporation,
limited liability company, or other legal entity other than a sole
proprietorship, such misappropriation also shall be deemed theft
by any officers, directors, members, partners, or agents responsible
for the misappropriation. Any of such misappropriated moneys
which have been received as salary, dividend, loan repayment,
capital distribution or otherwise by any shareholder, member, or
partner not responsible for the misappropriation shall be a civil
liability of that person and may be recovered and restored to the
trust fund specified in this subsection by action brought by any
interested party for that purpose. Except as provided in this subsection,
this section does not create a civil cause of action against
any person other than the prime contractor or subcontractor to
whom such moneys are paid. Until all claims are paid in full, have
matured by notice and filing or have expired, such proceeds and
moneys shall not be subject to garnishment, execution, levy or
attachment.
56. If the prime contractor or subcontractor is a corporation, limited liability company, or other legal entity other than a sole proprietorship, such misappropriation also shall be deemed theft by any ____________________________responsible for the misappropriation.
a. officers
b. directors
c. members
d. partners
e. agents
f. all of the above
g. none of the above
-------------------------------------------------------------------------------------------------------------------------------
(6) PRIME CONTRACTORS TO DEFEND LIEN ACTIONS. Where a
lien is filed under this subchapter by any person other than the
prime contractor, the prime contractor shall defend any action
thereon at personal expense, and during the pendency of the action
the owner may withhold from the prime contractor the amount for
which the lien was filed and sufficient to defray the costs of the
action. In case of judgment against the owner, the owner may
deduct from any amount due to the prime contractor the amount
of the judgment and if the judgment exceeds the amount due, the
owner may recover the difference from the prime contractor. This
subsection does not apply if the lien is the result of the failure of
the owner to pay the prime contractor.
57. In case of judgment against the owner, the owner may deduct from any amount due to the prime contractor the amount of the judgment.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
(7) WRONGFUL USE OF MATERIALS. Any prime contractor or
any subcontractor furnishing materials who purchases materials
on credit and represents at the time of making the purchase that the
materials are to be used in a designated building or other improvement
and thereafter uses or causes them to be used in the construction
of any improvement other than that designated, without the
written consent of the seller, may be fined not more than $300 or
imprisoned not more than 3 months.
58. It is legal for any prime contractor or any subcontractor furnishing materials who purchases materials on credit and represents at the time of making the purchase that the materials are to be used in a designated building or other improvement and thereafter uses or causes them to be used in the construction of any improvement other than that designated.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
(8) WAGE PAYMENTS TO LABORER APPLY TO EARLIER WORK. In
any situation where a laborer or mechanic employed by any prime
contractor or subcontractor has wage payments due and has
worked on more than one improvement for the employer during
the period for which the wages are due, and a payment of less than
all wages due is made, the payment is deemed to apply to the
unpaid work in chronological sequence starting with the earliest
unpaid time, unless the laborer agrees in shall be applied in a different way.
59. The payment is deemed to apply to the unpaid work in chronological sequence starting with the __________ unpaid time, unless the laborer agrees in shall be applied in a different way.
a. latest
b. earliest
c. agreed to apply differently
d. both b & c
-------------------------------------------------------------------------------------------------------------------------------
779.03 Lien valid unless waived by claimant personally,
or unless payment bond furnished. (1) NO AGREEMENT
BY OTHER THAN CLAIMANT MAY INVALIDATE LIEN. Subject to
s. 779.05, a lien claimant may waive the lien given by s. 779.01
by a writing signed by the lien claimant, but no action by nor
agreement between any other persons shall invalidate the lien,
other than payment in full to the claimant for the labor, services,
materials, plans, or specifications to which the lien claim relates.
(2) PAYMENT BOND MAY ELIMINATE LIEN RIGHTS. In any case
where the prime contractor, pursuant to agreement with the owner,
has furnished a payment bond under s. 779.035, all liens provided
by s. 779.01 except those of any prime contractor do not exist, ss.
779.02 (1) to (4) and (6) and 779.06 do not apply and all claimants
who have no lien shall follow the requirements and procedures
specified in ss. 779.035 and 779.036.
60. Payment in full to the claimant for the labor, services, materials, plans, or specifications to which the lien claim relates shall invalidate the lien.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
779.035 Form of contract; payment bond; remedy.
(1) To eliminate lien rights as provided in s. 779.03 (2), the contract
between the owner and the prime contractor for the construction
of the improvement shall contain a provision for the payment
by the prime contractor of all claims for labor, services, materials,
plans, or specifications performed, furnished, procured, used, or
consumed, except plans or specifications furnished by the architect,
professional engineer or surveyor employed by the owner, in
making such improvement and performing the work of improvement.
The contract shall not be effective to eliminate lien rights
unless the prime contractor gives a bond issued by a surety company
licensed to do business in this state. The bond shall carry a
penalty for unpaid claims of not less than the contract price, and
shall be conditioned for the payment to every person entitled
thereto of all the claims for labor, services, materials, plans, and
specifications performed, furnished, or procured under the contract
and subsequent amendments thereto, to be used or consumed
in making the improvement or performing the work of improvement
as provided in the contract and subsequent amendments
thereto. The bond shall be approved by the owner and by any
mortgage lender furnishing funds for the construction of the
improvement. No assignment, modification or change in the contract,
or change in the work covered thereby, or any extension of
time for completion of the contract shall release the sureties on the
bond.
61. The contract shall be effective to eliminate lien rights unless the prime contractor gives a bond issued by a surety company licensed to do business in this state.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
(2) (a) Except as provided in par. (b), any party in interest
may, not later than one year after the completion of the contract
for the construction of the improvement, maintain an action in his
or her own name against the prime contractor and the sureties
uon the bond for the recovery of any damages sustained by reason
of the failure of the prime contractor to comply with the contract
or with the contract between the prime contractor and subcontractors.
If the amount realized on the bond is insufficient to
satisfy all of the claims of the parties in full, it shall be distributed
among the parties proportionally.
(b) 1. Except as provided in subd. 2., a subcontractor, supplier,
or service provider may maintain an action under par. (a) only if
the subcontractor, supplier, or service provider has notified the
prime contractor in writing that the subcontractor, supplier, or service
provider was performing, furnishing, or procuring labor, services,
materials, plans, or specifications for the construction of the
improvement. The notice must be provided no later than 60 days
after the date on which the subcontractor, supplier, or service provider
first performed, furnished, or procured the labor, services,
materials, plans, or specifications.
2. A notice under subd. 1. is not required if any of the following
applies:
a. The contract for performing, furnishing, or procuring the
labor, services, materials, plans, or specifications does not exceed
$5,000.
b. The action is brought by an employee of the prime contractor,
the subcontractor or the supplier.
c. The subcontractor, supplier, or service provider is listed in
a written contract, or in a document appended to a written contract,
between a subcontractor, supplier, or service provider and the
prime contractor.
62. (a) Except as provided in par. (b), any party in interest may, not later than ____________ after the completion of the contract for the construction of the improvement, maintain an action in his or her own name against the prime contractor and the sureties upon the bond for the recovery of any damages sustained by reason of the failure of the prime contractor to comply with the contract or with the contract between the prime contractor and subcontractors.
a. 3 months
b. 6 months
c. 9 months
d. 12 months
-------------------------------------------------------------------------------------------------------------------------------
(3) In any case in which the improvement contract and bond
have been prepared and executed pursuant to sub. (1) upon inquiry
by any subcontractor, supplier, service provider, laborer, or
mechanic performing, furnishing, or procuring labor, services,
materials, plans, or specifications for said improvement, the prime
contractor and the owner shall so advise the person making the
inquiry and shall give the person reasonable opportunity to inspect
and examine the contract and bond.
63. The prime _____________________ shall so advise the person making the inquiry and shall give the person reasonable opportunity to inspect and examine the contract and bond.
a. prime contractor
b. owner
c. inspector
d. both a and b
-------------------------------------------------------------------------------------------------------------------------------
779.036 Contracts with payment bond; lien; notice;
duty of owner and lender. (1) In any case in which an
improvement is constructed or to be constructed pursuant to a contract
and payment bond under s. 779.035, any person performing,
furnishing, or procuring labor, services, materials, plans, or specifications
to be used or consumed in making the improvement, to
any prime contractor or subcontractor shall have a lien on the
money or other payment due or to become due the prime contractor
or subcontractor therefor, if the lienor, before payment is made
to the prime contractor or subcontractor, serves a written notice of
the lienor’s claim on the owner or authorized agent and on any
mortgage lender furnishing funds for the construction of the
improvement. Upon receipt of the notice, the owner and lender
shall assure that a sufficient amount is withheld to pay the claim
and, when it is admitted or not disputed by the prime contractor
or subcontractor involved or established under sub. (3), shall pay
the claim and charge it to the prime contractor or subcontractor as
appropriate. Any owner or lender violating this duty shall be liable
to the claimant for the damages resulting from the violation.
There shall be no preference among lienors serving such notices.
64. Upon receipt of the notice, the _______________ shall assure that a sufficient amount is withheld to pay the claim.
a. owner
b. lender
c. prime contractor
d. both a & b
-------------------------------------------------------------------------------------------------------------------------------
(2) A copy of the notice provided in sub. (1) also shall be
served by the lienor, within 7 days after service of the notice upon
the owner and lender, upon the prime contractor or subcontractor.
65. A copy of the notice provided in sub. (1) also shall be served by the __________, within 7 days after service.
a. prime contractor
b. owner
c. lienor
d. lienee
-------------------------------------------------------------------------------------------------------------------------------
(3) If the prime contractor or subcontractor does not dispute
the claim by serving written notice on the owner and the lien
claimant within 30 days after service of written notice under sub.
(2), the amount claimed shall be paid over to the claimant on
demand and charged to the prime contractor or subcontractor pursuant
to sub. (1). If the prime contractor or subcontractor disputes
the claim, the right to a lien and to the moneys in question shall be
determined in an action brought by the claimant or the prime contractor
or subcontractor. If the action is not brought within 3
months from the time the notice required by sub. (1) is served, the
lien rights under this section are barred.
58. If the prime contractor or subcontractor does not dispute the claim by serving written notice on the owner and the lien claimant within ______ days after service of written notice.
a. 10
b. 20
c. 30
d. 60
-------------------------------------------------------------------------------------------------------------------------------
(4) (a) When the total lien claims exceed the sum due the
prime contractor or subcontractor concerned and where the prime
contractor or subcontractor has not disputed the amounts of the
claims filed, the owner with the concurrence of the lender shall
determine on a proportional basis who is entitled to the amount
being withheld and shall serve a written notice of the determination
on all claimants and the prime contractor or subcontractor.
Unless an action is commenced by a claimant or by the prime
contractor or subcontractor within 20 days after the service of said
notice, the money shall be paid out in accordance with the determination
and the liability of the owner and lender to any claimant
shall cease.
(b) If an action is commenced, all claimants, the owner and the
lender shall be made parties. Such action shall be brought within
6 months after completion of the work of improvement or within
the time limit prescribed by par. (a), whichever is earlier.
(c) Within 10 days after the filing of a certified copy of the
judgment in any such action with the owner and lender, the money
due the prime contractor or subcontractor shall be paid to the clerk
of court to be distributed in accordance with the judgment.
66. Unless an action is commenced by a claimant or by the prime contractor or subcontractor within ____ days after the service of said notice, the money shall be paid out in accordance with the determination and the liability of the owner and lender to any claimant shall cease.
a. 10
b. 20
c. 30
d. 60
-------------------------------------------------------------------------------------------------------------------------------
779.04 Claims assignable; notice; prior payment. All
claims for liens and right to recover therefor under this subchapter
are assignable. Notice in writing of such assignment may be
served upon the owner of the property affected and all payments
made by the owner before service of such notice shall discharge
the debt to the amount paid. The assignee may file petitions for
such liens and may bring an action in the assignee’s name to
enforce the same, subject to the limitations in s. 779.01 (5).
67. The assignee may file ___________ for such liens and may bring an action in the assignee’s name to enforce the same, subject to the limitations in s. 779.01 (5).
a. grievances
b. a dispute
c. petitions
d. none of the above
-------------------------------------------------------------------------------------------------------------------------------
779.05 Waivers of lien. (1) Any document signed by a lien
claimant or potential claimant and purporting to be a waiver of
construction lien rights under this subchapter, is valid and binding
as a waiver whether or not consideration was paid therefor and
whether the document was signed before or after the labor, services,
materials, plans, or specifications were performed, furnished,
or procured, or contracted for. Any ambiguity in such document
shall be construed against the person signing it. Any
waiver document shall be deemed to waive all lien rights of the
signer for all labor, services, materials, plans, or specifications
performed, furnished, or procured, or to be performed, furnished,
or procured, by the claimant at any time for the improvement to
which the waiver relates, except to the extent that the document
specifically and expressly limits the waiver to apply to a particular
portion of such labor, services, materials, plans, or specifications.
A lien claimant or potential lien claimant of whom a waiver is
requested is entitled to refuse to furnish a waiver unless paid in full
for the labor, services, materials, plans, or specifications to which
the waiver relates. A waiver furnished is a waiver of lien rights
only, and not of any contract rights of the claimant otherwise existing.
68. A lien claimant or potential lien claimant of whom a waiver is requested is entitled to refuse to furnish a waiver unless paid in full for the labor, services, materials, plans, or specifications to which the waiver relates.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
(2) A promissory note or other evidence of debt given for any
lienable claim shall not be deemed a waiver of lien rights unless
the note or other instrument is received as payment and expressly
declares that receipt thereof is a waiver of lien rights.
History: 1979 c. 32 s. 57; Stats. 1979 s. 779.05; 2005 a. 204.
Public improvement liens under this section are subject to the waiver provision of
s. 289.05 (1) [now s. 779.05 (1)]. Since waiver of a public improvement lien disposes
of the lien itself, the refiling of a claim for lien after a waiver was a nullity and the fact
that the claim was not disputed following refiling did not revive the lien. Druml Co.,
Inc. v.
Section 779.135 (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.
69. A promissory note or other evidence of debt given for any lienable claim shall be deemed a waiver of lien rights unless the note or other instrument is received as payment and expressly declares that receipt thereof is a waiver of lien rights.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
779.06 Filing claim and beginning action; notice
required before filing; contents of claim document.
(1) No lien under s. 779.01 shall exist and no action to enforce a
lien under s. 779.01 shall be maintained unless within 6 months
from the date the lien claimant performed, furnished, or procured
the last labor, services, materials, plans, or specifications, a claim
for the lien is filed in the office of the clerk of circuit court of the
county in which the lands affected by the lien lie, and unless within
2 years from the date of filing a claim for lien an action is brought
and summons and complaint filed. A lien claimant shall serve a
copy of the claim for lien on the owner of the property on which
the lien is placed within 30 days after filing the claim. A claim for
a lien may be filed and entered in the judgment and lien docket,
and action brought, notwithstanding the death of the owner of the
property affected by the action or of the person with whom the
original contract was made, with like effect as if he or she were
then living.
70. No lien under s. 779.01 shall exist and no action to enforce a lien under s. 779.01 shall be maintained unless within ______ months from the date the lien claimant performed, furnished, or procured the last labor, services, materials, plans, or specifications, a claim for the lien is filed in the office of the clerk of circuit court of the county.
a. 2
b. 3
c. 6
d. 12
-------------------------------------------------------------------------------------------------------------------------------
(2) No lien claim may be filed or action brought thereon
unless, at least 30 days before timely filing of the lien claim, the
lien claimant serves on the owner a written notice of intent to file
a lien claim. The notice is required to be given whether or not the
claimant has been required to and has given a previous notice pursuant
to s. 779.02. Such notice shall briefly describe the nature of
the claim, its amount and the land and improvement to which it
relates.
71. No lien claim may be filed or action brought thereon unless, at least _____ days before timely filing of the lien claim, the lien claimant serves on the owner a written notice of intent to file a lien claim.
a. 10
b. 20
c. 30
d. 60
-------------------------------------------------------------------------------------------------------------------------------
(3) Such a claim for lien shall have attached thereto a copy of
any notice given in compliance with s. 779.02 and a copy of the
notice given in compliance with sub. (2), and shall contain a statement
of the contract or demand upon which it is founded, the name
of the person against whom the demand is claimed, the name of
the claimant and any assignee, the last date of performing, furnishing,
or procuring any labor, services, materials, plans, or specifications,
a legal description of the property against which the lien
is claimed, a statement of the amount claimed and all other material
facts in relation thereto. Such claim document shall be signed
by the claimant or attorney, need not be verified, and in case of
action brought, may be amended, as pleadings are.
72. Such claim document shall be signed by the claimant or attorney, need not be verified, and in case of action brought, may be amended, as pleadings are.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
779.07 Judgment and lien docket. (1) Every clerk of circuit
court shall keep a judgment and lien docket in which shall be
entered, immediately upon filing, the proper entries under the
appropriate headings specified in this subsection, relative to each
claim for lien filed, opposite the names of the persons against
whom the lien is claimed. The names shall be entered alphabetically.
Each page in the judgment and lien docket shall be divided
into 9 columns, with headings in the following sequence to the
respective columns, as follows:
(a) Name of person against whom lien is claimed.
(b) Name of claimant or assignee.
(c) Attorney for claimant.
(d) Last date of performing, furnishing, or procuring labor, services,
materials, plans, or specifications.
(e) Description of copies of notices attached to claim when
filed.
(f) Date and time of filing claim.
(g) Description of property.
(h) Amount claimed.
(i) Satisfaction.
(2) The judgment and lien docket shall be presumptive evidence
of the correctness of its entries.
73. Each page in the judgment and lien docket shall be divided into _____ columns, with headings in the following sequence to the respective columns.
a. 6
b. 7
c. 9
d. none of the above
74. The judgment and lien docket may be presumptive evidence of the correctness of its entries
a. true
b. false
-----------------------------------------------------------------------------------------------------------------------------
779.08 Release of lien; undertaking. (1) The person
against whom a lien is claimed or any other interested party may
file with the clerk of court in whose office the claim for lien is filed
an undertaking executed by a surety to the effect that the person
against whom the lien is claimed shall pay the amount of the claim
and all costs and damages which may be awarded against that person
on account of the lien or in lieu thereof deposit with the clerk
of the court a sum of money, certified check or negotiable government
bonds in par value equal to 125% of the claim for lien. The
court in which any action to foreclose the lien may be brought
shall determine any question of sufficiency of the surety if exception
is taken thereto by the lien claimant within 10 days after
notice of the filing of such undertaking or deposit of other security
and may upon notice and upon motion of any party, order any sum
of money deposited to be invested. The clerk of court shall
remove the lien from the judgment and lien docket upon the
court’s order approving the surety in substitution for the lien. The
depositor shall be entitled to any income from the investments,
certified check or negotiable
and the clerk shall pay the income to the depositor without order
when received or, in the case of coupons, as the income becomes
due.
75. The clerk of court shall remove the lien from the ______________ upon the court’s order approving the surety in substitution for the lien.
a. judgment
b. lien docket
c. both a & b
d. neither a & b
-------------------------------------------------------------------------------------------------------------------------------
(2) If an undertaking is furnished, it shall be accompanied by
the affidavit of the surety which states that the surety is worth, over
and above all debts and liabilities in property within this state not
exempt from execution, an amount in the aggregate equal to 125%
or more of the amount of the claim for lien.
76. If an undertaking is furnished, it shall be accompanied by the affidavit of the surety which states that the surety is worth, over and above all debts and liabilities in property within this state not exempt from execution, an amount in the aggregate equal to _________ or more of the amount of the claim for lien.
a. equal to
b. 100%
c. 125%
d. none of the above
-------------------------------------------------------------------------------------------------------------------------------
(3) The person against whom the lien is claimed or other interested
party depositing the security shall cause to be served upon
the lien claimant a notice of the filing of the undertaking or deposit
of other security and, if an undertaking, a copy thereof, which
notice shall state where and when the undertaking was filed or the
security was deposited.
77. The person against whom the lien is claimed or other interested party depositing the security shall cause to be served upon the lien claimant a notice of the filing of the _________of other security.
a. undertaking
b. deposit
c. both a & b
d. neither a & b
-------------------------------------------------------------------------------------------------------------------------------
(4) Any action brought after the furnishing of security or
pending at the time of the furnishing thereof in accordance with
this section shall proceed as if no security had been furnished,
except that after the time within which exceptions may be taken
to the security, or pursuant to order of the court upon any exception
so taken, the clerk shall satisfy the claim for lien of record and discharge
any lis pendens filed, and except that the lien thereupon
shall attach to the security and the amount adjudged due in the proceeding
for foreclosure thereof shall be satisfied out of the security,
and the property described in the lien claim shall thenceforth
be entirely free of the lien and shall in no way be involved in subsequent
proceedings.
78. Any action brought after the furnishing of security or pending at the time of the furnishing thereof in accordance with this section shall proceed as if the security had been furnished
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
(5) If no action to foreclose the lien is brought within the time
specified by s. 779.06 (1), the clerk of circuit court in whose office
the undertaking or other security was filed or deposited shall on
request, and without notice, return the undertaking or security to
the party filing or depositing it.
79. If no action to foreclose the lien is brought within the time specified by s. 779.06 (1), the clerk of circuit court in whose office the undertaking or other security was filed or deposited shall on request, and without notice, return the _________________ to the party filing or depositing it.
a. undertaking
b. security
c. both a & b
d. neither a or b
-------------------------------------------------------------------------------------------------------------------------------
779.09 Foreclosure of lien; procedure; parties. In the
foreclosure of liens mentioned in s. 779.01, ch. 846 shall control
as far as applicable unless otherwise provided in this subchapter.
All persons having filed claims for liens under s. 779.01 may join
as plaintiffs, and if any do not join they may be made defendants.
All persons having liens subsequent to such lien may be joined as
defendants. If any person who is a proper party is not a party to
the action the person may, at any time before judgment, be made
a defendant, and any person who after the commencement of the
action obtains a lien or becomes a purchaser may, at any time
before judgment, be made a defendant.
80. All persons having filed claims for liens under s. 779.01 may join as plaintiffs, and if any do not join they may be made defendants.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
779.10 Judgment. The judgment shall adjudge the amount
due to each claimant who is a party to the action. It shall direct that
the interest of the owner in the premises at the commencement of
the performing, furnishing, or procuring the labor, services, materials,
plans, or specifications for which liens are given and which
the owner has since acquired, or so much thereof as is necessary,
be sold to satisfy the judgment, and that the proceeds be brought
into court with the report of sale to abide the order of the court. If
the premises can be sold in parcels without injury to the parties,
the court may adjudge that the sale be so made. If the plaintiff fails
to establish a lien upon the premises but does establish a right to
recover for labor, services, materials, plans, or specifications, the
plaintiff may have a judgment against the party liable.
81. If the plaintiff fails to establish a lien upon the premises but does establish a right to recover for labor, services, materials, plans, or specifications, the plaintiff may have a judgment against the party liable.
a. true
b. false
779.11 Distribution of proceeds of sale. The several
claimants whose liens were established in the action shall be paid
without priority among themselves. If the sum realized at the sale
under s. 779.10 is insufficient after paying the costs of the action
and the costs of making the sale to pay the liens in full they shall
be paid proportionally.
82. If the sum realized at the sale under s. 779.10 is insufficient after paying the costs of the action and the costs of making the sale to pay the liens in full they shall be paid by method of time payments.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
779.12
writ of assistance. (1) All sales under judgments in accordance
with s. 779.10 shall be noticed, conducted and reported in the
manner provided for the sale of real estate upon execution and
shall be absolute and without redemption. In case such sale is confirmed,
the deed given thereon shall be effectual to pass to the purchaser
all that interest in the premises which is directed to be sold.
(2) If any deficiency arises upon the sale in the payment of the
sums adjudged to be due to any lien claimant, the court, upon confirming
the sale, may render judgment for the deficiency if
demanded in the pleadings against the defendant legally liable to
pay the deficiency. The judgment may be entered in the judgment
and lien docket and enforced in the same manner that ordinary
judgments are. The purchasers at the sale shall be entitled to a writ
of assistance under s. 815.63 to obtain possession of the premises
sold.
83. The judgment may be entered in the ________________ and enforced in the same manner that ordinary judgments are.
a. judgment
b. lien docket
c. lien waver
d. only a & b
e. a, b, & c
-------------------------------------------------------------------------------------------------------------------------------
779.13 Satisfaction of judgment or lien; correction of
errors. (1) Every lien claimant, or the attorney who executed
and filed a claim for lien on the claimant’s behalf, who has
received satisfaction or tender of the claim with the costs of any
action brought on the claim shall, at the request of any person
interested in the premises affected and on payment of the costs of
satisfying the same, execute and deliver the necessary satisfaction
to the interested person. On filing the satisfaction with the clerk
of circuit court, the clerk of circuit court shall enter satisfaction of
the claim on the judgment and lien docket. Failure to execute and
deliver the satisfaction or to satisfy the lien on the judgment and
lien docket shall render the person so refusing liable to pay to the
person requiring the satisfaction a sum equal to one−half of the
sum claimed in the claim for lien.
84. On filing the satisfaction with the clerk of circuit court, the clerk of circuit court shall enter satisfaction of the claim on the _________________________.
a. judgement
b. lien docket
c. lien waver
d. only a & b
e. a, b, & c
-------------------------------------------------------------------------------------------------------------------------------
(2) Every lien claimant, or the attorney who executed and filed
a claim for lien on the claimant’s behalf, who has received from
any person interested in the premises described in the claim a written
statement that the premises described in the claim are not in
fact the premises on which the claimant performed, furnished, or
procured the labor, services, materials, plans, or specifications to
which the claim relates together with a written demand that the
claim be satisfied of record shall, if in fact the statement of such
person about the mistaken description is true, promptly satisfy the
lien claim of record at the lien claimant’s expense. Failure to satisfy
the lien claim of record within a reasonable time, if in fact the
statement asserting the mistaken description is true, shall render
the person so failing liable to pay to the person demanding the satisfaction
a sum equal to one−half of the sum claimed in the claim
for lien.
85. Failure to satisfy the lien claim of record within a reasonable time, if in fact the statement asserting the mistaken description is true, shall render the person so failing liable to pay to the person demanding the satisfaction a sum equal to ___________ of the sum claimed in the claim for lien.
a. 25%
b. 33%
c. 50%
d. none of the above
779.135 Construction contracts, form of contract. The
following provisions in contracts for the improvement of land in
this state are void:
(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.
(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.
(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.
86. 779.135 Construction contracts, form of contract. The following provisions in contracts for the improvement of land in this state are void:
a. 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.
b. 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.
c. 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.
d. all of the above
e. neither a, b, or c.
-------------------------------------------------------------------------------------------------------------------------------
779.14 Public works, form of contract, bond, remedy.
(1) DEFINITION. In this section, “subcontractor, supplier, or service
provider” means the following:
(a) Any person who has a direct contractual relationship,
expressed or implied, with the prime contractor or with any subcontractor
of the prime contractor to perform, furnish, or procure
labor, services, materials, plans, or specifications, except as provided
in par. (b).
(b) With respect to contracts entered into under s. 84.06 (2) for
highway improvements, any person who has a direct contractual
relationship, expressed or implied, with the prime contractor to
perform, furnish, or procure labor, services, materials, plans, or
specifications.
87. Subcontractor, supplier, or service provider” means the following:
a. Any person who has a direct contractual relationship, expressed or implied, with the prime contractor or with any subcontractor of the prime contractor to perform, furnish, or procure
labor, services, materials, plans, or specifications
b. With respect to contracts entered into under s. 84.06 (2) for highway improvements, any person who has a direct contractual relationship, expressed or implied, with the prime contractor to
perform, furnish, or procure labor, services, materials, plans, or specifications.
c. both a & b
d. neither a or b
-------------------------------------------------------------------------------------------------------------------------------
(1e) CONTRACT REQUIREMENTS REGARDING DUTIES OF PRIME
CONTRACTOR. (a) All contracts involving $10,000 or more for performing,
furnishing, or procuring labor, services, materials, plans,
or specifications, when the same pertains to any public improvement
or public work shall contain a provision for the payment by
the prime contractor of all claims for labor, services, materials,
plans, or specifications performed, furnished, procured, used, or
consumed that pertain to the public improvement or public work.
(b) All contracts that are in excess of $30,000, as indexed under
sub. (1s), and that are for performing, furnishing, or procuring
labor, services, materials, plans, or specifications for a public
improvement or public work shall contain a provision under
which the prime contractor agrees, to the extent practicable, to
maintain a list of all subcontractors, suppliers, and service providers
performing, furnishing, or procuring labor, services, materials,
plans, or specifications under the contract.
88. All contracts that are in excess of $30,000, as indexed under sub. (1s), and that are for performing, furnishing, or procuring labor, services, materials, plans, or specifications for a public improvement or public work shall contain a provision under which the prime contractor agrees, to the extent practicable, to
maintain a list of all subcontractors, suppliers, and service providers performing, furnishing, or procuring labor, services, materials, plans, or specifications under the contract.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
(1m) PAYMENT AND PERFORMANCE ASSURANCE REQUIREMENTS.
(c) State contracts. The following requirements apply to contracts
with the state for performing, furnishing, or procuring labor,
services, materials, plans, or specifications for a public improvement
or public work:
1. In the case of a contract with a contract price exceeding
$10,000, as indexed under sub. (1s), but not exceeding $100,000,
as indexed under sub. (1s):
a. The contract shall include a provision which allows the
state to make direct payment to subcontractors or to pay the prime
contractor with checks that are made payable to the prime contractor
and to one or more subcontractors. This subd. 1. a. does not
apply to any contract entered into by the state under authority
granted under chs. 84, 85 and 86. This subd. 1. a. also does not
apply to any contract with a town, city, village, county or school
district for the construction, improvement, extension, repair,
replacement or removal of a transportation facility, as defined
under s. 84.185 (1) (d); bikeway, as defined under s. 84.60 (1) (a);
bridge; parking lot or airport facility.
b. The contract shall comply with written standards established
by the department of administration. Written standards
established under this subd. 1. b. shall include criteria for determining
whether the contract requires payment or performance
assurances and, if so, what payment or performance assurances
are required.
89. In the case of a contract with a contract price exceeding $10,000, as indexed under sub. (1s), but not exceeding $100,000, as indexed under sub. (1s):
a. The contract shall include a provision which allows the state to make direct payment to subcontractors or to pay the prime contractor with checks that are made payable to the prime contractor and to one or more subcontractors. This subd. 1. a. does not apply to any contract entered into by the state under authority granted under chs. 84, 85 and 86. This subd. 1. a. also does not apply to any contract with a town, city, village, county or school district for the construction, improvement, extension, repair, replacement or removal of a transportation facility, as defined under s. 84.185 (1) (d); bikeway, as defined under s. 84.60 (1) (a); bridge; parking lot or airport facility.
b. The contract shall comply with written standards established by the department of administration. Written standards established under this subd. 1. b. shall include criteria for determining whether the contract requires payment or performance assurances and, if so, what payment or performance assurances are required.
c. both a & b
d. neither a & b
-------------------------------------------------------------------------------------------------------------------------------
2. In the case of a contract with a contract price exceeding
$100,000, as indexed under sub. (1s), but not exceeding $250,000,
as indexed under sub. (1s):
a. The contract shall include a provision which allows the
state to make direct payment to subcontractors or to pay the prime
contractor with checks that are made payable to the prime contractor
and to one or more subcontractors. This subd. 2. a. does not
apply to any contract entered into by the state under authority
granted under chs. 84, 85 and 86. This subd. 2. a. also does not
apply to any contract with a town, city, village, county or school
district for the construction, improvement, extension, repair,
replacement or removal of a transportation facility, as defined
under s. 84.185 (1) (d); bikeway, as defined under s. 84.60 (1) (a);
bridge; parking lot or airport facility.
b. The contract shall require the prime contractor to provide
a payment and performance bond meeting the requirements of par.
(e), unless the department of administration allows the prime contractor
to substitute a different payment assurance for the payment
and performance bond. The department of administration may
allow a prime contractor to substitute a different payment and performance
assurance for the payment and performance bond only
after the contract has been awarded and only if the substituted payment
and performance assurance is for an amount at least equal to
the contract price and is in the form of a bond, an irrevocable letter
of credit or an escrow account acceptable to the department of
administration. The department of administration shall establish
written standards under this subd. 2. b. governing when a different
payment and performance assurance may be substituted for a payment
and performance bond under par. (e).
90. In the case of a contract with a contract price exceeding $100,000, as indexed under sub. (1s), but not exceeding $250,000, as indexed under sub. (1s):
a. The contract shall include a provision which allows the state to make direct payment to subcontractors or to pay the prime contractor with checks that are made payable to the prime contractor and to one or more subcontractors. This subd. 2. a. does not apply to any contract entered into by the state under authority granted under chs. 84, 85 and 86. This subd. 2. a. also does not apply to any contract with a town, city, village, county or school district for the construction, improvement, extension, repair, replacement or removal of a transportation facility, as defined under s. 84.185 (1) (d); bikeway, as defined under s. 84.60 (1) (a); bridge; parking lot or airport facility.
b. The contract shall require the prime contractor to provide a payment and performance bond meeting the requirements of par. (e), unless the department of administration allows the prime contractor to substitute a different payment assurance for the payment and performance bond. The department of administration may allow a prime contractor to substitute a different payment and performance assurance for the payment and performance bond only after the contract has been awarded and only if the substituted payment and performance assurance is for an amount at least equal to the contract price and is in the form of a bond, an irrevocable letter of credit or an escrow account acceptable to the department of administration. The department of administration shall establish written standards under this subd. 2. b. governing when a different payment and performance assurance may be substituted for a payment and performance bond under par. (e).
c. both a & b
d. neither a & b
-------------------------------------------------------------------------------------------------------------------------------
In the case of a contract with a contract price exceeding
$250,000, as indexed under sub. (1s), the contract shall require the
prime contractor to obtain a payment and performance bond meeting
the requirements under par. (e).
(d) Local government contracts. The following requirements
apply to contracts, other than contracts with the state, for performing,
furnishing, or procuring labor, services, materials, plans, or
specifications for a public improvement or public work:
1. In the case of a contract with a contract price exceeding
$10,000, as indexed under sub. (1s), but not exceeding $50,000,
as indexed under sub. (1s):
a. The contract shall include a provision which allows the
governmental body that is authorized to enter into the contract to
make direct payment to subcontractors or to pay the prime contractor
with checks that are made payable to the prime contractor
and to one or more subcontractors. This subd. 1. a. does not apply
to any contract with a town, city, village, county or school district
for the construction, improvement, extension, repair, replacement
or removal of a transportation facility, as defined under s. 84.185
(1) (d); bikeway, as defined under s. 84.60 (1) (a); bridge; parking
lot or airport facility.
b. The contract shall comply with written standards established
by the public body authorized to enter into the contract.
Written standards established under this subd. 1. b. shall include
criteria for determining whether the contract requires payment or
performance assurances and, if so, what payment or performance
assurances are required.
91. 1. In the case of a contract with a contract price exceeding $10,000, as indexed under sub. (1s), but not exceeding $50,000, as indexed under sub. (1s):
a. The contract shall include a provision which allows the governmental body that is authorized to enter into the contract to make direct payment to subcontractors or to pay the prime contractor
with checks that are made payable to the prime contractor and to one or more subcontractors. This subd. 1. a. does not apply to any contract with a town, city, village, county or school district
for the construction, improvement, extension, repair, replacement or removal of a transportation facility, as defined under s. 84.185 (1) (d); bikeway, as defined under s. 84.60 (1) (a); bridge; parking lot or airport facility.
b. The contract shall comply with written standards established by the public body authorized to enter into the contract. Written standards established under this subd. 1. b. shall include criteria for determining whether the contract requires payment or performance assurances and, if so, what payment or performance assurances are required.
c. both a & b
d. neither a & b
-------------------------------------------------------------------------------------------------------------------------------
2. In the case of a contract with a contract price exceeding
$50,000, as indexed under sub. (1s), but not exceeding $100,000,
as indexed under sub. (1s):
a. The contract shall include a provision which allows the
governmental body that is authorized to enter into the contract to
make direct payment to subcontractors or to pay the prime contractor
with checks that are made payable to the prime contractor
and to one or more subcontractors. This subd. 2. a. does not apply
to any contract with a town, city, village, county or school district
for the construction, improvement, extension, repair, replacement
or removal of a transportation facility, as defined under s. 84.185
(1) (d); bikeway, as defined under s. 84.60 (1) (a); bridge; parking
lot or airport facility.
b. Except as provided in sub. (4), the contract shall require the
prime contractor to provide a payment and performance bond
meeting the requirements of par. (e), unless the public body authorized
to enter into the contract allows the prime contractor to substitute
a different payment assurance for the payment and performance
bond. The public body may allow a prime contractor to
substitute a different payment and performance assurance for the
payment and performance bond only if the substituted payment
and performance assurance is for an amount at least equal to the
contract price and is in the form of a bond, an irrevocable letter of
credit or an escrow account acceptable to the public body. The
public body shall establish written standards under this subd. 2. b.
governing when a different payment and performance assurance
may be substituted for a payment and performance bond under
par. (e).
92. 2. In the case of a contract with a contract price exceeding $50,000, as indexed under sub. (1s), but not exceeding $100,000, as indexed under sub. (1s):
a. The contract shall include a provision which allows the governmental body that is authorized to enter into the contract to make direct payment to subcontractors or to pay the prime contractor with checks that are made payable to the prime contractor and to one or more subcontractors. This subd. 2. a. does not apply to any contract with a town, city, village, county or school district for the construction, improvement, extension, repair, replacement or removal of a transportation facility, as defined under s. 84.185 (1) (d); bikeway, as defined under s. 84.60 (1) (a); bridge; parking lot or airport facility.
b. Except as provided in sub. (4), the contract shall require the prime contractor to provide a payment and performance bond meeting the requirements of par. (e), unless the public body authorized to enter into the contract allows the prime contractor to substitute a different payment assurance for the payment and performance bond. The public body may allow a prime contractor to substitute a different payment and performance assurance for the payment and performance bond only if the substituted payment and performance assurance is for an amount at least equal to the contract price and is in the form of a bond, an irrevocable letter of credit or an escrow account acceptable to the public body. The public body shall establish written standards under this subd. 2. b. governing when a different payment and performance assurance may be substituted for a payment and performance bond under par. (e).
c. both a & b
d. neither a & b
-------------------------------------------------------------------------------------------------------------------------------
3. Except as provided in sub. (4), in the case of a contract with
a contract price exceeding $100,000, as indexed under sub. (1s),
the contract shall require the prime contractor to obtain a payment
and performance bond meeting the requirements under par. (e).
(e) Bonding requirements. 2. A bond required under par. (c)
or (d) shall carry a penalty of not less than the contract price, and
shall be conditioned for all of the following:
a. The faithful performance of the contract.
b. The payment to every person, including every subcontractor,
supplier, or service provider, of all claims that are entitled to
payment for labor, services, materials, plans, or specifications
performed, furnished, or procured for the purpose of making the
public improvement or performing the public work as provided in
the contract and sub. (1e) (a).
93. 3. Except as provided in sub. (4), in the case of a contract with a contract price exceeding $100,000, as indexed under sub. (1s), the contract shall require the prime contractor to obtain a payment and performance bond meeting the requirements under par. (e). (e) Bonding requirements. 2. A bond required under par. (c) or (d) shall carry a penalty of not less than the contract price, and shall be conditioned for all of the following:
a. The faithful performance of the contract.
b. The payment to every person, including every subcontractor, supplier, or service provider, of all claims that are entitled to payment for labor, services, materials, plans, or specifications performed, furnished, or procured for the purpose of making the public improvement or performing the public work as provided in the contract and sub. (1e) (a).
c. both a & b
d. neither a & b
-------------------------------------------------------------------------------------------------------------------------------
A bond required under par. (c) shall be approved for the
state by the state official authorized to enter the contract. A bond
required under par. (d) shall be approved for a county by its corporation
counsel, for a city by its mayor, for a village by its president,
for a town by its chairperson, for a school district by its president
and for any other public board or body by the presiding officer
thereof.
94. A bond required under par. (c) shall be approved for the state by the state official authorized to enter the contract. A bond required under par. (d) shall be approved for a county by its _________________.
a. corporation counsel
b. mayor
c. president
d. chairperson
e. presiding officer
95. A bond required under par. (c) shall be approved for the state by the state official authorized to enter the contract. A bond required under par. (d) shall be approved for a city by its _____________ .
a. corporation counsel
b. mayor
c. president
d. chairperson
e. presiding officer
96. A bond required under par. (c) shall be approved for the state by the state official authorized to enter the contract. A bond required under par. (d) shall be approved for a village by its ________________ .
a. corporation counsel
b. mayor
c. president
d. chairperson
e. presiding officer
97. A bond required under par. (c) shall be approved for the state by the state official authorized to enter the contract. A bond required under par. (d) shall be approved for a town by its _______________.
a. corporation counsel
b. mayor
c. president
d. chairperson
e. presiding officer
98. A bond required under par. (c) shall be approved for the state by the state official authorized to enter the contract. A bond required under par. (d) shall be approved or a school district by its ____________ .
a. corporation counsel
b. mayor
c. president
d. chairperson
e. presiding officer
99. A bond required under par. (c) shall be approved for the state by the state official authorized to enter the contract. A bond required under par. (d) shall be approved and for any other public board or body by the _________________________.
a. corporation counsel
b. mayor
c. president
d. chairperson
e. president
f. presiding officer
-------------------------------------------------------------------------------------------------------------------------------
4. No assignment, modification or change of the contract,
change in the work covered thereby or extension of time for the
completion of the contract may release the sureties on a bond
required under par. (c) or (d).
5. Neither the invitation for bids nor the person having power
to approve the prime contractor’s bond may require that a bond
required under par. (c) or (d) be furnished by a specified surety
company or through a specified agent or broker.
(f) Direct purchase contracts. Paragraphs (c) and (d) do not
apply to a contract for the direct purchase of materials by the state
or by a local unit of government.
100. (f) Direct purchase contracts. Paragraphs (c) and (d) always apply to a contract for the direct purchase of materials by the state or by a local unit of government.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
(1s) INDEXING OF CONTRACT THRESHOLDS. If a dollar amount
is to be indexed under this subsection, the department of workforce
development shall adjust the dollar amount biennially, the
first adjustment to be made not sooner than December 1, 1998.
The adjustment shall be in proportion to any change in construction
costs since the effective date of this subsection under this subsection,
or the last adjustment whichever is later. No adjustment
shall be made for a biennium, if the adjustment to be made would
be less than 5%.
101. No adjustment shall be made for a biennium, if the adjustment to be made would be less than ____%.
a. 2
b. 4
c. 5
d. 10
-------------------------------------------------------------------------------------------------------------------------------
(2) ACTIONS ON A PERFORMANCE AND PAYMENT BOND. (a)
Except as provided in par. (am), no later than one year after the
completion of work under the contract, any party in interest,
including any subcontractor, supplier, or service provider, may
maintain an action in that party’s name against the prime contractor
and the sureties upon the bond for the recovery of any damages
sustained by reason of any of the following:
1. Failure of the prime contractor to comply with the contract.
2. Except as provided in subd. 3., failure of the prime contractor
or a subcontractor of the prime contractor to comply with a
contract, whether express or implied, with a subcontractor, supplier,
or service provider for performing, furnishing, or procuring
labor, services, materials, plans, or specifications for the purpose
of making the public improvement or performing the public work
that is the subject of the contract with the governmental entity.
3. With respect to contracts entered into under s. 84.06 (2) for
highway improvements, failure of the prime contractor to comply
with a contract, whether express or implied, with a subcontractor,
supplier, or service provider of the prime contractor for performing,
furnishing, or procuring labor, services, materials, plans, or
specifications for the purpose of making the highway improvement
that is the subject of the contract with the governmental
entity.
102. ACTIONS ON A PERFORMANCE AND PAYMENT BOND. (a) Except as provided in par. (am), no later than one year after the completion of work under the contract, any party in interest, including any subcontractor, supplier, or service provider, may maintain an action in that party’s name against the prime contractor and the sureties upon the bond for the recovery of any damages sustained by reason of any of the following:
a. Failure of the prime contractor to comply with the contract.
b. Except as provided in subd. 3., failure of the prime contractor or a subcontractor of the prime contractor to comply with a contract, whether express or implied, with a subcontractor, supplier,
or service provider for performing, furnishing, or procuring labor, services, materials, plans, or specifications for the purpose of making the public improvement or performing the public work
that is the subject of the contract with the governmental entity.
c. With respect to contracts entered into under s. 84.06 (2) for highway improvements, failure of the prime contractor to comply with a contract, whether express or implied, with a subcontractor,
supplier, or service provider of the prime contractor for performing, furnishing, or procuring labor, services, materials, plans, or specifications for the purpose of making the highway improvement
that is the subject of the contract with the governmental entity.
d. all of the above.
-------------------------------------------------------------------------------------------------------------------------------
(am) 1. Except as provided in subd. 2., a subcontractor, supplier,
or service provider may maintain an action under par. (a)
only if the subcontractor, supplier, or service provider has served
a written notice on the prime contractor that the subcontractor,
supplier, or service provider has performed, furnished, or procured,
or will perform, furnish, or procure labor, services, materials,
plans, or specifications to the public work or improvement.
The notice must be served no later than 60 days after the date on
which the subcontractor, supplier, or service provider first performed,
furnished, or procured the labor, services, materials,
plans, or specifications.
103. The notice must be served no later than ______ days after the date on which the subcontractor, supplier, or service provider first performed, furnished, or procured the labor, services, materials,
a. 20
b. 30
c. 60
d none of the above
-------------------------------------------------------------------------------------------------------------------------------
2. A notice under subd. 1. is not required if any of the following
applies:
a. The contract for performing, furnishing, or procuring the
labor, services, materials, plans, or specifications does not exceed
$5,000.
b. The action is brought by an employee of the prime contractor,
subcontractor, supplier, or service provider.
c. The subcontractor, supplier, or service provider is listed in
the list required to be maintained under sub. (1e) (b) or in a written
contract, or in a document appended to a written contract, between
a subcontractor, supplier, or service provider and the prime contractor.
(d) If the amount realized on the bond is insufficient to satisfy
all claims of the parties in full, it shall be distributed among the
parties proportionally.
104. A notice under subd. 1. is not required if any of the following applies:
a. The contract for performing, furnishing, or procuring the
labor, services, materials, plans, or specifications does not exceed
$5,000.
b. The action is brought by an employee of the prime contractor,
subcontractor, supplier, or service provider.
c. The subcontractor, supplier, or service provider is listed in
the list required to be maintained under sub. (1e) (b) or in a written
contract, or in a document appended to a written contract, between
a subcontractor, supplier, or service provider and the prime contractor.
d. all of the above
-------------------------------------------------------------------------------------------------------------------------------
(3) ACTIONS BY A COUNTY. In an action by a county upon the
bond all persons for whose protection it was given and who make
claim thereunder may be joined in the action. The county highway
commissioner may take assignments of all demands and claims
for labor, services, materials, plans, or specifications and enforce
the same in the action for the benefit of the assignors, and the judgment
may provide the manner in which the assignors shall be paid.
105. The county highway commissioner may take assignments of all demands and claims for labor, services, materials, plans, or specifications and enforce the same in the action for the benefit of the assignors, and the judgment shall provide the manner in which the assignors shall be paid.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
(4) BONDING EXEMPTION. A contract with a local professional
football stadium district under subch. IV of ch. 229 is not required
under sub. (1m) (d) 2. b. or 3. to include a provision requiring the
prime contractor to provide or obtain a payment and performance
bond or other payment assurance.
106. A contract with a local professional football stadium district under subch. IV of ch. 229 is not required under sub. (1m) (d) 2. b. or 3. to include a provision requiring the _____________ to provide or obtain a payment and performance bond or other payment assurance.
a. owner
b. sub contractor
c. prime contractor
d. all of the above
-------------------------------------------------------------------------------------------------------------------------------
779.15 Public improvements; lien on money, bonds, or
warrants due the prime contractor; duty of officials.
(1) Any person who performs, furnishes, procures, manages,
supervises, or administers any labor, services, materials, plans, or
specifications used or consumed in making public improvements
or performing public work, to any prime contractor, except in cities
of the 1st class, shall have a lien on the money or bonds or warrants
due or to become due the prime contractor therefor, if the lienor,
before payment is made to the prime contractor, serves a
written notice of the claim on the debtor state, county, town, or
municipality. The debtor shall withhold a sufficient amount to pay
the claim and, when it is admitted by the prime contractor or established
under sub. (3), shall pay the claim and charge it to the prime
contractor. Any officer violating the duty hereby imposed shall
be liable on his or her official bond to the claimant for the damages
resulting from the violation. There shall be no preference between
the lienors serving the notices.
107. (1) Any person who performs, furnishes, procures, manages, supervises, or administers any labor, services, materials, plans, or specifications used or consumed in making public improvements or performing public work, to any prime contractor, except in cities of the ________, shall have a lien on the money or bonds or warrants due or to become due the prime contractor therefor, if the lienor, before payment is made to the prime contractor, serves a written notice of the claim on the debtor state, county, town, or municipality.
a. 4th class
b. 2nd class
c. 3rd class
d. none of the above
-------------------------------------------------------------------------------------------------------------------------------
(2) Service of the notice under sub. (1) shall be made upon the
clerk of the municipality or in the clerk’s absence upon the treasurer.
If any of the money due the prime contractor is payable by
the state, service of the notice under sub. (1) shall be served upon
the state department, board, or commission having jurisdiction
over the work. A copy of the notice shall be served concurrently
upon the prime contractor.
108. Service of the notice under sub. (1) shall be made upon the clerk of the municipality or in the clerk’s absence upon the _______________.
a. contractor
b. mayor
c. administrator
d. treasurer
-------------------------------------------------------------------------------------------------------------------------------
(3) If a valid lien exists under sub. (1) and the prime contractor
does not dispute the claim within 30 days after service on the
prime contractor of the notice provided in sub. (2), by serving
written notice on the debtor state, county, town, or municipality
and the lien claimant, the amount claimed shall be paid over to the
claimant on demand and charged to the prime contractor pursuant
to sub. (1). If the prime contractor disputes the claim, the right to
a lien and to the moneys in question shall be determined in an
action brought by the claimant or the prime contractor. If the
action is not brought within 3 months from the time the notice
required by sub. (1) is served, and notice of bringing the action
filed with the officer with whom the claim is filed, the lien rights
are barred.
109. If a valid lien exists under sub. (1) and the prime contractor does not dispute the claim within ___ days after service on the prime contractor of the notice.
a. 20
b. 30
c. 60
d none of the above
-------------------------------------------------------------------------------------------------------------------------------
(4) (a) When the total of the lien claims exceeds the sum due
the prime contractor and where the prime contractor has not disputed
the amounts of the claims filed, the debtor state, county,
town or municipality, through the officer, board, department or
commission with whom the claims are filed, shall determine on a
proportional basis who is entitled to the money and shall notify all
claimants and the prime contractor in writing of the determination.
Unless an action is commenced by a claimant or by the prime contractor
within 20 days after the mailing of the notice, the money
shall be paid out in accordance with the determination and the
liability of the state, county, town or municipality to any lien
claimant shall cease.
(b) If an action is commenced, all claimants shall be made parties
and the action shall be commenced within 3 months after
acceptance of the work by the proper public authority except as
otherwise herein provided.
(c) Within 10 days after the filing of a certified copy of judgment
in any such action with the officers with whom the notice
authorized by sub. (1) is filed, the money due the prime contractor
shall be paid to the clerk of court to be distributed in accordance
with the judgment.
110. Within ____ days after the filing of a certified copy of judgment in any such action with the officers with whom the notice authorized by sub. (1) is filed, the money due the prime contractor shall be paid to the clerk of court to be distributed in accordance with the judgment.
a. 20
b. 30
c. 60
d none of the above
-------------------------------------------------------------------------------------------------------------------------------
779.155 Judgment creditors, attachment of funds due
to public contractors. (1) LIMITATIONS. This section does not
apply to cases covered by s. 812.42. Demands covered by s.
779.15 have priority over judgments filed under this section. The
remedies afforded by s. 779.15 and by this section are complementary.
111. This section does apply to cases covered by s. 812.42. Demands covered by s. 779.15 have priority over judgments filed under this section.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
(2) CERTIFIED COPIES OF JUDGMENTS FILED. In this section,
“municipality” includes city, village, county, town, school district,
technical college district and any quasi municipal corporation.
When the state or any municipality is indebted to any prime
contractor, the owner of a judgment against the prime contractor
may attach the debt by filing a certified copy of his or her judgment
in the manner and subject to the conditions and limitations of this
section. If the debt is owed by the state upon a contract for public
improvements, the certified copy shall be filed with the officer,
board, department or commission having jurisdiction over the
work. Otherwise, the copy shall be filed with the department of
administration. If the debt is owed by a municipality, the copy
shall be filed with the municipal clerk or corresponding officer.
The judgment creditor shall promptly notify the judgment debtor
of the filing, within the time and as provided by s. 812.07 for service
upon the defendant.
112. The judgment creditor shall promptly notify the judgment _________ of the filing, within the time and as provided by s. 812.07 for service.
a. contractor
b. mayor
c. debtor
d. none of the above
-------------------------------------------------------------------------------------------------------------------------------
(3) PAYMENT TO JUDGMENT CREDITOR; EXCEPTION. Except as to
prime contractors on public works, the proper officers of the state
or municipality shall pay the judgment out of moneys due the
prime contractor or which become due the prime contractor, but
no payment shall be made until 30 days after the creditor has filed
with such officers proof that the contractor had been notified of the
filing of a copy of the judgment against the contractor.
113. Except as to prime contractors on public works, the proper officers of the state or municipality shall pay the judgment out of moneys due the prime contractor or which become due the prime contractor, but no payment shall be made until ___ days after the creditor has filed with such officers proof that the contractor had been notified of the filing of a copy of the judgment against the contractor.
a. 20
b. 45
c. 60
d none of the above
-------------------------------------------------------------------------------------------------------------------------------
(4) SAME; FUNDS DUE PUBLIC PRIME CONTRACTORS. When the
state or a municipality is indebted to a prime contractor for public
improvements, payment shall not be made to the judgment creditor
until 3 months after final completion and acceptance of the
public work and then only out of moneys due the prime contractor
in excess of unpaid lienable claims having priority under s.
779.15.
114. payment shall not be made to the judgment creditor until ___ months after final completion and acceptance of the public work and then only out of moneys due the prime contractor in excess of unpaid lienable claims having priority.
a. 1
b. 2
c. 3
d. none of the above
-------------------------------------------------------------------------------------------------------------------------------
(5) ADJUSTMENT OF LIEN CLAIMS. (a) For the purpose of
administering this section, sworn statements of the prime contractor
setting forth the unpaid lien claims that have been or may be
filed under s. 779.15 may be accepted by the proper officer, board,
department, or commission, unless the judgment creditor or other
interested person gives written notice that an action is pending to
determine whether specified lien claims were incurred in performing
the public work and the amount thereof, or to determine priorities
in which event payments shall await the result of the action.
(b) Within 10 days after filing the certified copy of the judgment
under sub. (2), the prime contractor shall file the sworn statement
in duplicate, with the proper officer, board, department or
commission, who shall immediately furnish the judgment creditor
with one of the statements. The judgment creditor shall have 10
days from the receipt thereof in which to serve the notice of pendency
of the court action.
115. Within ___ days after filing the certified copy of the judgment under sub. (2), the prime contractor shall file the sworn statement in duplicate, with the proper officer, board, department or commission, who shall immediately furnish the judgment creditor with one of the statements.
a. 5
b. 10
c. 15
d. none of the above
-------------------------------------------------------------------------------------------------------------------------------
(6) PAYMENTS TO JUDGMENT CREDITOR. After the expiration of
the 3−month period, the moneys due the prime contractor in
excess of unpaid lienable expenses and claims incurred in performing
the public work shall be paid to the judgment creditor, but
not exceeding the amount due on the judgment.
116. After the expiration of the ___−month period, the moneys due the prime contractor in excess of unpaid lienable expenses and claims incurred in performing the public work shall be paid to the judgment creditor.
a. 1
b. 2
c. 3
d. none of the above
-------------------------------------------------------------------------------------------------------------------------------
(7) PRIORITY OF JUDGMENTS OVER ASSIGNMENTS. Any judgment
filed under this section has priority over an assignment made
by the prime contractor after the commencement of the action in
which the judgment was obtained.
117. Any judgment filed under this section has priority over an assignment made by the _______________ after the commencement of the action in which the judgment was obtained.
a. owner
b. sub contractor
c. prime contractor
d. none of the above
-------------------------------------------------------------------------------------------------------------------------------
779.16 Theft by contractors. All moneys, bonds or warrants
paid or to become due to any prime contractor or subcontractor
for public improvements are a trust fund only in the hands of
the prime contractor or subcontractor to the amount of all claims
due or to become due or owing from the prime contractor or subcontractor
for labor, services, materials, plans, and specifications
performed, furnished, or procured for the improvements, until all
the claims have been paid, and shall not be a trust fund in the hands
of any other person. The use of any such moneys by any prime
contractor or subcontractor for any other purpose until all claims,
except those which are the subject of a bona fide dispute and then
only to the extent of the amount actually in dispute, have been paid
in full or proportionally in cases of a deficiency, is theft by the
prime contractor or subcontractor of moneys so misappropriated
and is punishable under s. 943.20. If the prime contractor or subcontractor
is a corporation, limited liability company, or other
legal entity other than a sole proprietorship, such misappropriation
also shall be deemed theft by any officers, directors, members,
partners, or agents responsible for the misappropriation.
Any of such misappropriated moneys which have been received
as salary, dividend, loan repayment, capital distribution or otherwise
by any shareholder, member, or partner not responsible for
the misappropriation shall be a civil liability of that person and
may be recovered and restored to the trust fund specified in this
subsection by action brought by any interested party for that purpose.
Except as provided in this subsection, this section shall not
create a civil cause of action against any person other than the
prime contractor or subcontractor to whom such moneys are paid
or become due. Until all claims are paid in full, have matured by
notice and filing or have expired, such money, bonds and warrants
shall not be subject to garnishment, execution, levy or attachment.
118. Until all claims are paid in full, have matured by notice and filing or have expired, such money, bonds and warrants shall be subject to garnishment, execution, levy or attachment.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
779.17 Release of funds on filing bond. At any time after
the service of a notice of lien claim or filing of judgment or pending
the determination of any action commenced thereunder, the
prime contractor shall be entitled to the release of any moneys due
the prime contractor under the contract upon filing a bond, executed
by a surety company duly authorized to transact business in
this state, with the public authority having jurisdiction over the
work, guaranteeing that the prime contractor will pay any judgment
of the court rendered in favor of the lien claimant and all
judgments filed. Such bond shall be in an amount sufficient to
insure payment of the lien claims and judgments, and shall be
approved as to form and amount by the public authority
119. Such bond shall be in an amount sufficient to insure payment of the lien claims and judgments, and shall be approved as to form and amount by the ________________.
a. prime contractor
b. sub contractor
c. public authority
d. none of the above
-------------------------------------------------------------------------------------------------------------------------------
779.18 Log liens; priority. (1) Any person who, personally
or by a beast or machine or vehicle, performs any services in cutting,
hauling, running, felling, piling, driving, rafting, booming,
cribbing, towing, sawing, peeling, kiln drying or manufacturing
logs, timber, stave bolts, heading staves, pulp wood, cordwood,
firewood, railroad ties, piling, telegraph poles, telephone poles,
fence posts, paving timber, tan or other barks or in preparing wood
for or manufacturing charcoal shall have a lien upon the material
for the amount owing for the services, which shall take precedence
of all other claims, liens or encumbrances thereon or sales thereof.
(2) The right of lien given by this section survives any change
in the property through manufacture and the lienor has a lien upon
the manufactured product as though the services had been performed
directly thereon.
120. The right of lien given by this section survives any change in the property through manufacture and the ________ has a lien upon the manufactured product as though the services had been performed directly thereon.
a. prime contractor
b. sub contractor
c. leinor
d. none of the above
-------------------------------------------------------------------------------------------------------------------------------
779.19 Petition for log lien; filing same. No demand for
the services may become a lien unless a petition therefor is signed
and verified by the claimant or by someone in the claimant’s
behalf setting forth the nature of the demand, the amount claimed,
a description of the property upon which the lien is claimed and
that the petitioner claims a lien thereon. The petition shall be filed
in the office of the clerk of the circuit court of the county in which
the services or some part thereof were performed within 3 months
after the last day of performing continuous services, and the services
shall be deemed continuous notwithstanding a change of
ownership in the property on which the lien is claimed. The clerk
shall receive the fee prescribed in s. 814.61 (5) for filing the petition.
121. The petition shall be filed in the office of the clerk of the circuit court of the county in which the services or some part thereof were performed within _____ months after the last day of performing continuous services, and the services shall be deemed continuous notwithstanding a change of ownership in the property on which the lien is claimed.
a. 1
b. 2
c. 3
d. none of the above
-------------------------------------------------------------------------------------------------------------------------------
779.20 Action to enforce log lien; parties; costs;
change of venue. (1) An action to enforce any lien under s.
779.18 may be brought in the circuit court of the county where the
petition is filed. This claim shall cease to be a lien unless an action
to foreclose it is commenced within 4 months after filing the petition.
If the claim is not due at the time of filing the petition the time
when the claim will become due shall be stated in the petition, and
in this case the claim shall not cease to be a lien until 30 days after
the claim has become due and until 4 months after the filing of the
petition.
122. This claim shall cease to be a lien unless an action to foreclose it is commenced within ____ months after filing the petition. If the claim is not due at the time of filing the petition the time when the claim will become due shall be stated in the petition.
a. 1
b. 2
c. 3
d. none of the above
-------------------------------------------------------------------------------------------------------------------------------
(2) Where the property subject to such lien has been taken
from the county where such work was done the lienor may bring
an action to foreclose the lien in any county where said property
may be found. In all foreclosure actions the person liable for such
claim shall be made defendant and any other person claiming to
own or have any interest in such property may be made a defendant,
but shall not be liable for costs unless defending the action.
In actions appealed from municipal court no change of venue shall
be allowed except for prejudice of the judge or of the people.
123. In actions appealed from municipal court all changes of venue shall be allowed except for prejudice of the judge or of the people.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
779.21 Attachment, affidavit for; undertaking; service
of writ. (1) The plaintiff in this action may have remedy by
attachment of the property upon which the lien is claimed as in
personal actions; this attachment may be issued, served and
returned and like proceedings had thereon including the release of
any attached property as in personal actions. The affidavit for the
attachment must state that the defendant who is personally liable
is indebted to the plaintiff in the sum named, above all setoffs, for
services which entitle the plaintiff to a lien, describe the property
on which it is claimed that the services were performed and that
the plaintiff has filed the petition for a lien pursuant to law. No
other fact need be stated. No order may be made by any court or
any judge thereof requiring an undertaking or security for costs
except upon 10 days’ notice to the plaintiff.
124. No order may be made by any court or any judge thereof requiring an undertaking or security for costs except upon ___ days’ notice to the plaintiff.
a. 5
b. 10
c. 15
d. none of the above
-------------------------------------------------------------------------------------------------------------------------------
(2) The writ of attachment shall direct the officer to attach the
property described or so much thereof as shall be necessary to satisfy
the sum claimed to be due and to hold the same subject to further
proceedings in the action. The officer shall make return but
it shall not be necessary for the officer to make an inventory or
appraisal of the property attached; the officer shall pay any
charges that may be due for booming or driving the property
attached, and the amount paid shall be taxed as costs. Where personal
service of the summons and writ of attachment cannot be
made service shall be made as provided for service of summons
on nonresidents or persons who cannot be found as in other
actions.
125. Where personal service of the summons and writ of attachment cannot be made service shall be made as provided for service of summons on nonresidents or persons who cannot be found as in other actions.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
779.32 Commission liens. (1) DEFINITIONS. In this section:
(a) “Broker” means a real estate broker licensed under ch. 452.
(b) “Commercial real estate” means any real property other
than any of the following:
1. Real property containing 8 or fewer dwelling units.
2. Real property that is zoned for residential purposes and that
does not contain any buildings or structures.
3. Real property that is zoned for agricultural purposes.
(c) “Financial institution” has the meaning given in s. 214.01
(1) (jn).
126. Broker” means a real estate broker licensed under ch. ______.
a. 542
b. 452
c. none of the above
d. both a & b
127. Commercial real estate” means any real property other than any of the following:
a. Real property containing 8 or fewer dwelling units.
b. Real property that is zoned for residential purposes and that does not contain any buildings or structures.
c.. Real property that is zoned for agricultural purposes. (c) “Financial institution” has the meaning given in s. 214.01 (1) (jn).
d. all of the above.
-------------------------------------------------------------------------------------------------------------------------------
(2) LIEN. If a broker complies with the notice requirements
under sub. (3) and perfects the lien under sub. (4), all of the following
apply:
(a) If the broker has earned a commission under a written commercial
real estate listing contract, the broker has a lien for the
unpaid amount of the commission against the commercial real
estate, or the interest in commercial real estate, that is listed with
the broker under the contract.
(b) If the broker has earned a commission under a written commercial
real estate buyer agency agreement, the broker has a lien
for the unpaid amount of the commission against the commercial
real estate, or the interest in commercial real estate, that is
acquired as a result of the agreement.
(c) If the broker has earned compensation under a written
agreement for the lease or management of commercial real estate,
the broker has a lien for the unpaid amount of the compensation
against the commercial real estate for which the leasing or management
services were provided under the agreement.
128. If a broker complies with the notice requirements under sub. (3) and perfects the lien under sub. (4), all of the following apply:
a If the broker has earned a commission under a written commercial real estate listing contract, the broker has a lien for the unpaid amount of the commission against the commercial real estate, or the interest in commercial real estate, that is listed with the broker under the contract.
b If the broker has earned a commission under a written commercial real estate buyer agency agreement, the broker has a lien for the unpaid amount of the commission against the commercial real estate, or the interest in commercial real estate, that is acquired as a result of the agreement.
c If the broker has earned compensation under a written agreement for the lease or management of commercial real estate, the broker has a lien for the unpaid amount of the compensation against the commercial real estate for which the leasing or management services were provided under the agreement.
d. all of the above.
-------------------------------------------------------------------------------------------------------------------------------
(3) NOTICE OF INTENT TO CLAIM LIEN. A broker has a lien under
sub. (2) (a) or (b) only if the broker files or records a written notice
of intent to claim a lien under this section at the office of the register
of deeds for the county in which the commercial real estate is
located and delivers a copy of the notice to the person owing the
commission under sub. (2) (a) or (b). A broker has a lien under
sub. (2) (c) only if the broker provides a written notice of intent to
claim a lien under this section to the person owing the compensation
under sub. (2) (c). All notices required under this subsection
shall contain the name of each party to the agreement under which
the lien is claimed, the date that the agreement was entered into
and a brief description of the commercial real estate on which the
lien is intended to be claimed. All notices required under this subsection
shall be provided within the following time periods:
(a) In the case of a lien under sub. (2) (a), at least 30 days before
the conveyance of the commercial real estate subject to the listing
contract.
(b) In the case of a lien under sub. (2) (b), at least 30 days before
the conveyance of the commercial real estate subject to the buyer
agency agreement.
(c) In the case of a lien under sub. (2) (c), before the date that
the written agreement for the lease or management of commercial
real estate is entered into.
129. In the case of a lien under sub. (2) (a), at least ____ days before the conveyance of the commercial real estate subject to the listing contract.
a. 10
b. 20
c. 30
d. none of the above
-------------------------------------------------------------------------------------------------------------------------------
(4) PERFECTION OF LIEN. (a) A lien under this section is perfected
when a broker files a notice of lien in the office of the register
of deeds for the county in which the commercial real estate is
located. The lien must be perfected no later than the following:
1. In the case of a lien under sub. (2) (a) or (b), 3 days prior
to the date that the conveyance documents are recorded with the
register of deeds in the county where the real property, that is the
subject of the listing contract or buyer agency contract, is located.
2. In the case of a lien under sub. (2) (c), 90 days after the later
of the following:
a. The date that the broker earns a commission or compensation
that gives rise to a lien under this section. For purposes of this
subd. 2. a., a commission or compensation is considered earned
on the date that payment of it is due under the lease or management
agreement.
b. The date that the broker receives notice that he or she has
earned a commission or compensation that gives rise to a lien
under this section. For purposes of this subd. 2. b., a commission
or compensation is considered earned on the date that the payment
of it is due under the lease or management agreement.
(b) The notice of lien shall be signed by the broker and shall
include all of the following information:
1. The name and license number of the broker.
2. The name of the owner or acquirer of the commercial real
estate that is subject to the lien.
bject to the lien.
4. The amount of the lien at the time the notice is filed.
(c) A broker shall mail a copy of the notice of lien to the owner
or acquirer of the commercial real estate that is subject to the lien
within 72 hours after the filing of the notice of lien under par. (a).
A lien under this section is effective only from the date that it is
perfected under this subsection.
(d) A lien that is perfected under this subsection by a broker
secures all unpaid commissions or compensation that is due that
broker with respect to the commercial real estate subject to that
lien, regardless of whether the commission or compensation was
earned at the time the lien was filed.
130. A broker shall mail a copy of the notice of lien to the owner or acquirer of the commercial real estate that is subject to the lien within ____ hours after the filing of the notice of lien under par. (a). A lien under this section is effective only from the date that it is perfected under this subsection.
a. 10
b. 20
c. 30
d. none of the above.
-------------------------------------------------------------------------------------------------------------------------------
(4m) DUTY OF REGISTER OF DEEDS. If a notice of lien meets the
requirements under sub. (4), the register of deeds shall accept the
notice of lien for filing. The register of deeds shall index the notice
of lien under the name of the owner or acquirer of the commercial
real estate who is subject to the lien. If the register of deeds maintains
a tract index, the register of deeds shall also index the notice
of lien under the legal description of the real estate against which
a lien is claimed.
131. If a notice of lien meets the requirements under sub. (4), the register of deeds may accept the notice of lien for filing.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
(5) PRIORITY. A lien under this section shall have priority over
all other liens on the commercial real estate, except tax and special
assessment liens, liens created under subch. I of ch. 779, purchase
money mortgages, liens that are filed or recorded before the lien
under this section is perfected and any other lien given priority
under the law.
132. A lien under this section may have priority over all other liens.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
(8) SATISFACTION OF THE LIEN. (a) Upon the request of any person
interested in the real estate that is the subject of a lien under
this section, the broker shall execute and deliver a satisfaction of
lien to the interest party, if one of the following conditions is met:
1. The person owing the commission or compensation pays
the broker in full the amount specified in the notice of lien.
2. The person owing the commission or compensation pays
an amount equal to 125% of the commission or compensation
owed into the trust account of the broker or the trust account of any
attorney who does not represent any party to the dispute and who
is in good standing with the State Bar of Wisconsin. The moneys
shall be held in escrow until disbursed pursuant to the written
mutual agreement of the parties or pursuant to a court order.
3. If the parties to the contract or agreement giving rise to the
lien agree to binding arbitration regarding the disputed commission
or compensation and if the parties to the contract or agreement,
other than the broker, agree to pay all of the costs of the arbitration.
(b) Upon the filing of a satisfaction of lien under par. (a) with
the register of deeds, the register of deeds shall index the satisfaction
under the name of the owner or acquirer of the commercial
real estate who was subject to the satisfied lien. If the register of
deeds maintains a tract index, the satisfaction shall also be indexed
under the legal description of the real estate against which the lien
was claimed.
(c) A broker is liable to a person requesting a lien satisfaction
under this subsection for a sum equal to 50% of the sum claimed
in the lien claim, if the broker does not provide the requested satisfaction
within 30 days of the later of the following:
1. The date on which the request is received by the broker.
2. If the satisfaction is required under par. (a) 1., the date on
which the broker receives payment in full of the amount specified
in the notice of lien.
3. If the satisfaction is required under par. (a) 2., the date on
which the broker receives evidence that the requirements under
par. (a) 2. have been met.
4. If the satisfaction is required under par. (a) 3., the date on
which the broker receives the agreement to binding arbitration.
5. If the satisfaction is required under par. (a) 3., the date on
which the broker receives evidence of payment of the arbitrator’s
fee.
133. The person owing the commission or compensation pays an amount equal to ______% of the commission or compensation owed into the trust account of the broker or the trust account of any attorney who does not represent any party to the dispute and who is in good standing with the State Bar of Wisconsin.
a. 100
b. 110
c. 125
d. none of the above
-------------------------------------------------------------------------------------------------------------------------------
(9) EXTINGUISHMENT OF LIEN. A lien under this section is
extinguished if an action to enforce the lien is not commenced
within 2 years after the lien is perfected under sub. (4) (a).
134. A lien under this section is extinguished if an action to enforce the lien is not commenced within ___ years after the lien is perfected under sub. (4) (a).
a. 1
b. 2
c. 3
d. none of the above
-------------------------------------------------------------------------------------------------------------------------------
779.36 Extent of lien; filing claim. (1) Subject to sub. (2),
the lien under s. 779.35 extends only to the amount of the interest
in the real property held by the employer. In case of the employer’s
death or insolvency, or of the sale or transfer of the employer’s
interest in the works, mines, manufactories or business, all moneys
that may be due for wages to any miner, mechanic or laborer
shall be a lien upon all of the property and shall be preferred and
first paid out of the proceeds of the sale.
135. Subject to sub. (2), the lien under s. 779.35 extends only to the amount of the interest in the real property held by the ______________.
a. owner
b. contractor
c. employer
d. none of the above.
-------------------------------------------------------------------------------------------------------------------------------
(2) No claim for wages shall be a lien under s. 779.35 upon any
real estate unless the claim is filed in the office of the clerk of the
circuit court of the county in which the real estate, upon which a
lien is claimed, is situated. The claim shall be filed within 60 days
after the draft, time check or order upon which the claim is
founded is due and payable, in the manner that claims for mechanics’
liens are required to be filed.
136. The claim shall be filed within _____ days after the draft, time check or order upon which the claim is founded is due and payable, in the manner that claims for mechanics’ liens are required to be filed.
a. 10
b. 20
c. 30
d. none of the above.
-------------------------------------------------------------------------------------------------------------------------------
779.37 Satisfaction of lien. If an attachment, execution or
similar writ shall be issued against any employer engaged in a
business described in s. 779.35, any miner, laborer, mechanic or
other person who is entitled to claim a lien under s. 779.35 may
give notice in writing of the lien claim and the amount of the lien
claimed, verified by affidavit, to the officer holding the writ at any
time before the actual sale of the property that is subject to the writ.
The officer shall retain out of the sale proceeds a sufficient sum
to satisfy all lien claims, which sum shall be held by the officer,
subject to the order of the circuit court.
137. The officer shall retain out of the sale proceeds a sufficient sum to satisfy all lien claims, which sum shall be held by the officer, subject to the order of the ______________.
a. contractor
b. owner
c. circuit court
d. none of the above.
-------------------------------------------------------------------------------------------------------------------------------
779.38 Effect of mortgage. No mortgage or other instrument
by which a lien is created shall operate to impair or postpone
the lien and preference given and secured to the wages and moneys
mentioned in s. 779.35; provided, that no lien of any mortgage
or judgment entered before such labor is performed shall be
affected or impaired by such lien
138. No lien of any mortgage or judgment entered before such labor is performed shall be affected or impaired by such lien.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
779.39 Foreclosure of lien. The liens and preferences given
by ss. 779.35 to 779.38 may be foreclosed in the same manner as
mechanics’ liens, and all provisions of these statutes relating to the
foreclosure thereof shall apply to the foreclosure of the liens so
given, so far as such provisions are applicable.
139. The liens and preferences given by ss. 779.35 to 779.38 may be foreclosed in the same manner as _________ liens.
a. contractor
b. sub-contractor
c. mechanics’
d. none of the above.
-------------------------------------------------------------------------------------------------------------------------------
779.40 Liens for labor in quarry. (1) Any person who shall
perform any labor for an employer not the owner of the real estate,
engaged in quarrying, crushing, cutting or otherwise preparing
stone for use or for manufacturing lime and any bona fide holder
of any draft, time check or order for the payment of money due for
any such labor issued by such employer, shall have a lien for
wages owed and for the amount due on such draft, check or order
upon the personal property connected with such industry owned
by such employer, including interest in the product of such quarry
or factory and machinery and other personal property used in the
operation of such quarry or factory, and all interest in any lease of
the real estate connected with such business, which lien shall take
precedence of all other debts, judgments, decrees, liens or mortgages
against such employer, except taxes, fines or penalties and
mortgages or judgments recorded or entered before such labor is
performed and except liens under ss. 292.31 (8) (i) and 292.81.
140. ______________________ against such employer, except taxes, fines or penalties and mortgages or judgments recorded or entered before such labor is performed and except liens under ss. 292.31 (8) (i) and 292.81.
a. liens
b. mortgages
c. both a & b
d. neither a & b
-------------------------------------------------------------------------------------------------------------------------------
(2) The wages shall become a lien upon the property and material
mentioned in this section upon filing with the clerk of the circuit
court of the county in which the labor is performed within 60
days after the first of the services shall be rendered, a petition
signed by the claimant and verified in behalf of or by the claimant
under oath, setting forth the nature of the debt for which the lien
is claimed, the amount claimed, a description of the property upon
which the lien is claimed and that the petitioner claims a lien
thereon pursuant to law. The clerk shall receive the fee prescribed
in s. 814.61 (5) for filing the petition.
141. The _______ shall become a lien upon the property and material mentioned in this section upon filing with the clerk of the circuit court of the county in which the labor is performed.
a. payroll
b. wages
c. both a & b
d. neither a or b
-------------------------------------------------------------------------------------------------------------------------------
(3) The provisions of ss. 779.20 and 779.21 shall govern the
foreclosure of the liens here given so far as such provisions are
applicable.
142. The provisions of ss. 779.20 and 779.21 shall govern the _____________ of the liens here given so far as such provisions are applicable.
a. foreclosure
b. wages
c. both a & b
d. neither a or b
-------------------------------------------------------------------------------------------------------------------------------
779.86 Records. A seller shall retain records for 60 days following
completion of the time period for which prepaid maintenance
is to be performed under a prepaid maintenance agreement
including but not limited to records showing the amount of prepayment,
the period for which maintenance is to be performed, all
contracts relating to such maintenance and all records pertaining
to the escrow account or bond required under s. 779.87.
143. A seller shall retain records for ____ days following completion of the time period for which prepaid maintenance is to be performed under a prepaid maintenance agreement.
a. 10
b. 20
c. 30
d. 60
-------------------------------------------------------------------------------------------------------------------------------
779.87 Escrow account or bond requirement.
(1) REQUIREMENT. A seller who enters a regulated prepaid
Maintenance agreement shall either maintain an escrow account or
maintain a bond.
144. A seller who enters a regulated prepaid maintenance agreement shall either maintain an __________.
a. escrow account
b. bond
c. both a & b
d. neither a or b
-------------------------------------------------------------------------------------------------------------------------------
(2) ESCROW ACCOUNT. (a) Surety. If a seller maintains an
escrow account, all proceeds received under any regulated prepaid
maintenance agreement shall be deposited in the escrow
account for the benefit of any customer who suffers a loss of prepayments
for maintenance due to the bankruptcy or cessation of
business by the seller.
(b) Not to be commingled. The seller shall not commingle the
proceeds received under a regulated prepaid maintenance agreement
with any other funds and any other funds which are commingled
become a part of and shall be deposited in the escrow
account. The seller may aggregate the proceeds received under
several prepaid maintenance agreements in one escrow account.
(c) Interest. The seller may withdraw and retain for his or her
own use any interest payments received on the escrow account.
(d) Not to be used prior to discharge. The seller may not withdraw
or use the proceeds received under a regulated prepaid maintenance
agreement which are deposited in an escrow account prior
to the discharge of the prepaid maintenance lien under s. 779.91.
(e) Not subject to attachment. Until all prepaid maintenance
liens are discharged, the escrow account is not subject to garnishment,
execution, levy, attachment or foreclosure except as provided
under s. 779.92.
145. The seller may commingle the proceeds received under a regulated prepaid maintenance agreement with any other funds and any other funds which are commingled become a part of and shall be deposited in the escrow account.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
(3) BOND. (a) Surety. If a seller maintains a bond, it shall be
issued by a surety company licensed to do business in this state.
(b) Amount; filed. The principal sum of the bond shall be
$25,000 at all times. A copy of the bond shall be filed with the
department of financial institutions.
(c) For benefit of customer. The bond shall be in favor of the
state for the benefit of any customer who suffers a loss of prepayments
for maintenance due to the bankruptcy or cessation of business
by the seller. Any customer claiming against the bond may
maintain an action against the seller and the surety.
(d) Surety’s obligation. If the seller fails to perform maintenance
under a regulated prepaid maintenance agreement, the
surety shall either perform or procure the performance of that
maintenance or pay the customer the amount of the prepayment
made under the agreement.
(e) No lien. If a seller maintains a bond under this subsection,
a customer does not have a prepaid maintenance lien under s.
779.88.
146. The principal sum of the bond shall be $__________ at all times.
a. 10,000
b. 500
c. 25,000
d. none of the above
-------------------------------------------------------------------------------------------------------------------------------
779.88 Prepaid maintenance lien. Except as provided
under s. 779.87 (3), a customer who makes a prepayment under
a regulated prepaid maintenance agreement has a lien designated
as a prepaid maintenance lien in the amount of the prepayment on
all the proceeds contained in the escrow account, including all
after acquired proceeds. This lien is preferred to all other liens,
security interests and claims on such proceeds except other prepaid
maintenance liens which attached at an earlier time.
147. This lien is secondary to all other liens, security interests and claims on such proceeds except other prepaid maintenance liens which attached at an earlier time.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
779.90 Notice of existence of lien. A person is deemed to
have notice of a prepaid maintenance lien if:
(1) That person has actual knowledge or reason to know that
the lien exists on the seller’s property;
(2) That person has reason to know that the seller regularly
demands or accepts prepayments for maintenance;
(3) The seller engages in a type of business that generally
requests or demands prepayment for maintenance; or
(4) The lien was filed as permitted in s. 779.89.
148. A person is deemed to have notice of a prepaid maintenance lien if that person has actual knowledge or reason to know that the lien exists on the seller’s property.
a. true
b. false
149. A person is deemed to have notice of a prepaid maintenance lien if that person has reason to know that the seller regularly demands or accepts prepayments for maintenance.
a. true
b. false
150. A person is deemed to have notice of a prepaid maintenance lien if the seller engages in a type of business that generally requests or demands prepayment for maintenance.
a. true
b. false
151. A person is deemed to have notice of a prepaid maintenance lien if the lien was filed as permitted in s. 779.89.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
779.91 Discharge of lien. (1) A prepaid maintenance lien
is discharged by:
(a) Returning the amount of the prepayment to the customer
who made the prepayment;
(b) The expiration of the time period for the performance of all
contract or other obligations secured by the prepayment; or
(c) Lapse of the right to maintain an action.
152. A prepaid maintenance lien is discharged by returning the amount of the prepayment to the customer who made the prepayment.
a. true
b. false
153. A prepaid maintenance lien is discharged by the expiration of the time period for the performance of all contract or other obligations secured by the prepayment.
a. true
b. false
154. A prepaid maintenance lien is discharged by Lapse of the right to maintain an action.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
(2) Upon discharge of a prepaid maintenance lien, any customer
who filed the lien as permitted in s. 779.89 is subject to the
requirements of s. 409.513.
155. Upon discharge of a prepaid maintenance lien, any _________ who filed the lien as permitted in s. 779.89 is subject to the requirements of s. 409.513.
a. contractor
b. sub contractor
c. customer
d. none of the above
-------------------------------------------------------------------------------------------------------------------------------
779.92 Enforceability of lien. A prepaid maintenance lien
is enforceable from the time it attaches until it is discharged. Any
enforcement and foreclosure of a prepaid maintenance lien shall
be in one civil action and shall be against the proceeds of the
escrow account.
156. Any enforcement and foreclosure of a prepaid maintenance lien shall be in ____ civil action.
a. one
b. two
c. both a & b
d. neither a or b
-------------------------------------------------------------------------------------------------------------------------------
779.93 Duties of the department of agriculture, trade
and consumer protection. (1) The department of agriculture,
trade and consumer protection shall investigate violations of
this subchapter and attempts to circumvent this subchapter. The
department of agriculture, trade and consumer protection may
subpoena persons and records to facilitate its investigations, and
may enforce compliance with such subpoenas as provided in s.
885.12.
157. The department of agriculture, trade and consumer protection may investigate violations of this subchapter and attempts to circumvent this subchapter.
a. true
b. false
158. The department of agriculture, trade and consumer protection shall subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s.885.12.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
(2) The department of agriculture, trade and consumer protection
may in behalf of the state or in behalf of any person who holds
a prepaid maintenance lien:
(a) Bring an action in any court of competent jurisdiction to
enforce and foreclose a prepaid maintenance lien under s. 779.92.
(b) Bring an action for temporary or permanent injunctive or
other relief in any court of competent jurisdiction for any violation
of this chapter or attempt to circumvent this chapter. The court
may in its discretion, prior to the entry of final judgment, award
restitution to any customer suffering loss because of violations of
this subchapter if proof of that loss is submitted to the satisfaction
of the court.
(c) Bring an action in any court of competent jurisdiction for
recovery of civil forfeitures against any seller who violates this
subchapter.
159. The department of agriculture, trade and consumer protection shall in behalf of the state or in behalf of any person who holds a prepaid maintenance lien and bring an action in any court of competent jurisdiction to enforce and foreclose a prepaid maintenance lien under s. 779.92.
a. true
b. false
160. The department of agriculture, trade and consumer protection shall in behalf of the state or in behalf of any person who holds a prepaid maintenance lien and bring an action for temporary or permanent injunctive or other relief in any court of competent jurisdiction for any violation of this chapter or attempt to circumvent this chapter.
a. true
b. false
161. The department of agriculture, trade and consumer protection shall in behalf of the state or in behalf of any person who holds a prepaid maintenance lien and bring an action in any court of competent jurisdiction for recovery of civil forfeitures against any seller who violates this subchapter.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
779.94 Penalties. (1) GENERALLY. A person who violates
this subchapter shall forfeit not less than $100 nor more than
$10,000 for each violation.
162. A person who violates this subchapter shall forfeit not less than $100 nor more than $10,000 for each violation.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
(2) MISUSE OF ESCROW FUNDS. The use of the proceeds in an
escrow account by a seller for any purpose prior to the discharge
of the prepaid maintenance lien is theft by the seller and is punishable
under s. 943.20. If the seller is a corporation, such misuse is
also deemed theft by any officer, director or agent of the corporation
responsible for the misappropriation. Any of the misappropriated
proceeds which have been received as salary, dividend,
loan repayment, capital distribution or otherwise by any shareholder
of the corporation not responsible for the misappropriation
is a civil liability of the shareholder and may be recovered and
restored to the escrow account by action brought by any interested
party
163. The use of the proceeds in an escrow account by a seller for any purpose prior to the discharge of the prepaid maintenance lien is theft by the seller.
a. true
b. false
164. Theft by the seller and is punishable under s. 943.20.
a. true
b. false
165. Any of the misappropriated proceeds which have been received as salary, dividend, loan repayment, capital distribution or otherwise by any shareholder of the corporation not responsible for the misappropriation is a civil liability of the shareholder and may be recovered and restored to the escrow account by action brought by any interested party.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
779.98 Payment of prior real estate liens. (1) Any person
having a lien on real estate against which there is a prior lien
may pay any or all of the items in sub. (2). The amounts paid shall
be added to the payor’s lien, with interest from the date of payment
at the same rate as when paid, or if no rate was provided for prior
to such payment, at the legal rate of interest. Interest on amounts
paid for items described in sub. (2) (d) shall be computed at the
rate under s. 74.77. All sums so paid shall be collected as a part
of and in the same manner as is the lien by virtue of which said payments
are made and be entitled to the same priority.
166. Any person having a lien on real estate against which there is a prior lien shall pay any or all of the items in sub. (2).
a. true
b. false
167. The amounts paid shall be added to the payor’s lien.
a. true
b. false
168. The amounts paid shall be added with interest from the date of payment at the same rate as when paid.
a. true
b. false
169. Interest on amounts paid for items described in sub. (2) (d) shall be computed at the rate under s. 74.77.
a. true
b. false
170. All sums so paid shall be collected as a part of and in the same manner as is the lien by virtue of which said payments are made and be entitled to the same priority.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
(2) The items, any or all of which may be paid under sub. (1),
are as follows:
(a) Any past due or defaulted principal or interest of a prior
lien.
(b) Any interest or amortized installment due under a prior
lien.
(c) Premiums and assessment on insurance policies necessary
to protect the security of the lienor making such payments or of
any prior lien and authorized under the terms of either such lien.
(d) Taxes or special assessments due and unpaid on any realty
covered by the lien with interest, penalties and costs.
(e) Any portion of a prior lien.
(f) Any charge for improvements or any other item authorized
by statutes or by the terms of any prior lien.
171. The items, any or all of which may be paid under sub. (1), are as follows: (a) Any past due or defaulted principal or interest of a prior lien.
a. true
b. false
172. The items, any or all of which may be paid under sub. (1), are as follows: (b) Any interest or amortized installment due under a prior lien.
a. true
b. false
173. The items, any or all of which may be paid under sub. (1), are as follows: (c) Premiums and assessment on insurance policies necessary to protect the security of the lienor making such payments or of any prior lien and authorized under the terms of either such lien.
a. true
b. false
174. The items, any or all of which may be paid under sub. (1), are as follows: (d) Taxes or special assessments due and unpaid on any realty covered by the lien with interest, penalties and costs.
a. true
b. false
175. The items, any or all of which may be paid under sub. (1), are as follows: (e) Any portion of a prior lien.
a. true
b. false
176. The items, any or all of which may be paid under sub. (1), are as follows: (f) Any charge for improvements or any other item authorized by statutes or by the terms of any prior lien.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
(3) Payments made under sub. (1) shall be proved by the affidavit
of the person making the payment or the person’s agent or
attorney, giving the items paid, the dates when paid and the
description of the real estate on which the lien is claimed, shall
have priority over any liens which were subsequent to the lien of
the person making the payment at the date of such payments, and
shall also have priority over any lien filed after such affidavit is
recorded with the register of deeds of the county where the land
is located. Said payments shall also be prior to any liens filed
before the recording of such affidavit if such filing was made with
knowledge of such payments.
177. Said payments shall also be prior to any liens filed before the recording of such affidavit if such filing was made with knowledge of such payments.
a. true
b. false
178. Payments made under sub. (1) may be proved by the affidavit of the person making the payment or the person’s agent or attorney.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
(4) The payments may be made during the period in which any
lien is being enforced, or during the redemption period. An affidavit
of the payments as provided in sub. (3) may be recorded with
the register of deeds, and a copy of the affidavit shall be furnished
by the sheriff at least 5 days before the expiration of the redemption
period.
179. The payments shall be made during the period in which any lien is being enforced.
a. true
b. false
180. An affidavit of the payments as provided in sub. (3) may be recorded with the register of deeds, and a copy of the affidavit shall be furnished by the sheriff at least ___ days before the expiration of the redemption period.
a. 1
b. 2
c. 5
d. 10
-------------------------------------------------------------------------------------------------------------------------------
(5) If the lienor at the time of making such payment has an
equal priority with other lienors, and the property securing such
liens does not sell for a sufficient sum to pay all liens, the person
making such payments shall be repaid the amounts thereof before
the other equal lienors receive any share in the proceeds of such
sale.
181. The person making such payments may be repaid the amounts thereof before the other equal lienors receive any share in the proceeds of such sale.
a. true
b. false
-------------------------------------------------------------------------------------------------------------------------------
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----------------------------Educational Course Attendance Verification Form ---------------------------
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