Fabrication DiMartech, Inc. v. Jerome Foods, Inc‪.‬

1. Fabrication DiMartech, Inc., a subcontractor, appeals a judgment dismissing its foreclosure action against Jerome Foods, Inc. The trial court concluded that DiMartechs construction lien was invalid because DiMartech failed to give Jerome Foods notice of the lien as required by Wis. Stat. 779.02(2)(b). The notice provision only applies for construction projects of less than 10,000 square feet of "usable floor space." DiMartech argues that the project exceeded 10,000 square feet if the wastewater storage tanks, clarifier tank and oxidation ditch are counted as part of the project. Because we conclude that the tanks and ditch should not be included in the calculation of usable floor space as a matter of law, we affirm the judgment.