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Constructive Notice

By: Derek Hawkins//June 14, 2017//

Constructive Notice

By: Derek Hawkins//June 14, 2017//

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WI Court of Appeals – District II

Case Name: Bayland Buildings, Inc. v. Spirit Master Funding VIII, LLC

Case No.: 2016AP1807

Officials: Reilly, P.J., Gundrum and Hagedorn, JJ

Focus: Constructive Notice

This appeal addresses “constructive notice” under Wisconsin’s construction lien law. Bayland Buildings, Inc. (Bayland) appeals the circuit court’s conclusion that Bayland had constructive notice that Siren Saukville, LLC (Siren) sold its entire interest in the property to Spirit Master Funding VIII, LLC (Spirit Master) after construction began. Given the remedial nature of Wisconsin’s construction lien law, we conclude as a matter of law that Siren’s notice to Bayland that it was bringing in an “investor” did not constitute constructive notice that Siren no longer had any ownership interest in the property. We reverse the circuit court’s grant of summary judgment and remand for further proceedings consistent with this decision

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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