Under Wis. Stat. § 779.80(2), the general contractor must pay subcontractors within 15 days after receiving payment from the owner on private jobs, with interest at 1% per month and attorney fees available on late amounts. Your subcontract should mirror these statutory deadlines so that late payments automatically trigger the statutory interest and remedies without negotiation.

Wisconsin does not cap retainage by statute on private construction; retainage is negotiable. On public works, Wis. Stat. § 16.52 retains holdbacks as a lien trust fund under § 779.74, protecting subs’ share of payment. Your agreement should specify the exact retainage percentage, the release schedule (typically at substantial completion and final completion), and payment of statutory interest on withheld retainage.

While Wisconsin has not enacted a blanket statutory ban on pay-if-paid clauses, courts and statutes in most states treat "pay-when-paid" as a reasonable timing provision rather than an absolute condition. Check Wisconsin Statutes Chapter 779 (Wisconsin Lien Law) and Prompt Pay at Wis. Stat. § 779.80 et seq. (private) and § 16.52 (public) for specific restrictions, and make sure your subcontract states that payment from the owner is not an absolute condition precedent to your right to be paid.

Wisconsin does not require statutory lien waiver forms; waivers are enforceable if they clearly identify the project, amount, and date. Under Wis. Stat. § 779.05, a waiver of lien rights is effective only to the extent of payment actually received. Never sign an unconditional waiver until payment has actually cleared your bank account, and make sure your waiver identifies the specific billing period and amounts to avoid losing lien rights on future work.

Wisconsin under Wis. Stat. § 779.80(4) voids provisions in construction contracts requiring a subcontractor to indemnify another party for that party’s sole negligence or willful misconduct. Always read the indemnification clause carefully — even in states with anti-indemnity statutes, "broad form" indemnity for joint negligence is typically still enforceable.

Wisconsin requires filing a lien within 6 months after the last work or materials were furnished, followed by foreclosure within 3 years of filing. Wisconsin requires a Notice of Intent to Lien to be served on the owner at least 30 days before filing a lien, and failure to send it voids the lien. Send statutory notices by certified mail or another trackable method, keep copies of everything, and calendar the deadlines immediately upon each project’s completion.