Third Party Liens.
Milwaukee City Charter § 7-32
in effect7-32. Third Party Liens.
1. TO FILE CLAIM. Any person, corporation or party that shall hereafter furnish supplies or materials for the use of the contractor or contractors, or of his or their assigns, in the performance of any contract made with the commissioner of public works of the city of Milwaukee, in the name of said city, or that shall do any labor for such contractor or contractors, or for his or their assigns, in the performance of any such contracts, shall have a lien for the amount due and unpaid by such contractor or contractors, or by his or their assigns, to the person, corporation or party furnishing such supplies or materials or doing such labor in the performance of such contract, upon any certificates of said commissioner and upon any city orders of said city, to be issued and delivered to such contractor or contractors, or to his or their assigns, under such contract; provided, that any person, corporation or party claiming a lien shall, within 20 days after the date of the last charge for such supplies or materials furnished, or labor done, file in the office of the city clerk of said city and in the office of the commissioner of public works of said city notices in writing of such claim, one notice in each office, which notice shall set forth the nature and particulars of the demand,the date and amount of each charge therefor, the name of the person or party indebted, and the amount that is justly due and owing to the claimant from the contractor or contractors or from his or their assigns for supplies or materials furnished or labor done in performance of a contract stating the general nature of the contract and its date, each of which notices shall be verified by the affidavit of the claimant; and provided, further, that within 20 days after the filing of such notice the claimant shall begin an action against the person or party named in such notice for the recovery of the amount of such claim, and for the enforcement of such lien in some court in Milwaukee county having jurisdiction of the matter, in which action the city of Milwaukee shall be made a party defendant and shall be served with process and may appear and defend as in other actions, but said city shall in no case be liable to any judgment for costs or charges in such action. In case of the filing of the notices as herein directed, claiming lien on any certificates or city orders or both, it shall be the duty of the respective officers having charge and custody of the same to retain them 20 days, and in case an action is begun within that time as herein provided, then to retain the same until the determination of such action in the court. (S. 1, Ch. 261, L. 1882.)
2. PAYMENT WITHHELD. No contractor under any such contract pursuant to sub. 1 and no assignee of any such contractor shall receive, either in certificates of the commissioner of public works or in city orders, any amount exceeding that provided for in s. 7-26 until after the expiration of 20 days from the completion of the work contracted for, or other termination of the contract; and if any person, corporation or party shall file notices of claim or ien, as provided in sub. 1 against such contractor or contractors, or his or their assigns, all certificates and all city orders not then delivered shall be held and retained by the respective officers in whose charge or custody they are, until 20 days after the filing of such notices, and if within such last period of 20 days an action shall be brought as provided in sub. 1, such certificates and such city orders shall be retained until determination of such action in court. (Sub. 2 am. Ch. Ord. 358, File #68-1508-a, July 8, 1969.)
3. COMPLIANCE. All contracts hereafter made by the commissioner of public works of said city shall refer to and be made subject to the provisions of this act [ch. 332, L. 1878]. (S. 3, Ch. 332, L. 1878.)
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/CH7.pdf#page=12Fetched: 10/26/2026