Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Wyoming
Wyoming
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Wyoming Quick Overview
| Pursuant Code | Wyo. Stat. Ann. §§ 29-1-201 et seq., 29-2-112, 29-2-106, 29-10-101 | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | Yes | |
| WY Statutory Relief | Full Price | |
| Lien Milestone Event | Conditional, check statutes | |
| Lien Enforcement Deadline | 120 to 180 days | |
| Waivable Lien Rights | No | |
| Supplier to Supplier Rights | Likely No | |
| Prelien Document Name(s) | Preliminary Notice of Right to Lien | |
| Prelien Minimum Information | Name, address, phone, and contact person of the claimant; description of work or materials; address and legal description of the property; disclosure about lien rights and waiver rights. | |
| Prelien Minimum Notifications | Owner, and if applicable, the Prime Contractor | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | no |
Understanding the Prelien Process on Construction Projects in Wyoming by Role
Subcontractors and suppliers must provide notice within 30 days of first furnishing. Prime contractors must provide notice before receiving any payments from the owner.
Mechanic's Liens in Wyoming
In Wyoming, mechanics lien rights are governed by Wyo. Stat. § 29-1-201 et seq. Claimants must serve a written preliminary notice to the owner (and prime contractor, if not in direct privity) within 30 days of first furnishing labor or materials, using the statutory form (Wyo. Stat. § 29-10-101). A notice of intent to lien must be served at least 20 days before recording a lien. General contractors have 150 days, and subcontractors and material suppliers have 120 days from the earlier of last furnishing or substantial completion to record the lien. Foreclosure actions must be filed within 180 days of lien recording.
Bond Claims in Wyoming
While Wyoming does not provide a comprehensive statutory framework for public project bond claims akin to the Miller Act, contractors may pursue claims under general contract law or federal Miller Act provisions if federally funded. Subcontractors should seek guidance on payment bond claims on a case-by-case basis as public work projects may still require bonds; timely notice to the prime contractor and bonding entity is strongly advised even if not explicitly required by statute.
Construction Lien Waivers in Wyoming
Required Format: Wyoming is one of a dozen states where all waivers MUST substantially follow statutorily required verbiage to be valid so be sure to check with your constuction attorney and consult the relevant state statutes.
Required Notarization: Wyoming is one of a handful of states where waivers are require waivers to be notarized.
The owner or contractor has the right to request a lien waiver upon payment. Preliminary notice must inform the owner of this right.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Wyoming counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Wyoming
Frequently Asked Questions (FAQs) on Wyoming Lien Processes for Contractors
Who must send a preliminary notice in Wyoming to preserve lien rights?
Subcontractors and material suppliers must send notice to the owner and prime contractor within 30 days after first furnishing services or materials. General contractors must provide notice before receiving any payment from the owner.
When is the deadline to file a mechanics lien in Wyoming?
General contractors must file a lien within 150 days, and all other claimants (e.g., subcontractors, materialmen) within 120 days, of the earlier of last furnishing or substantial completion of the project.
Is a notice of intent to lien required before recording a lien?
Yes. A notice of intent to lien must be served on the owner at least 20 days prior to filing the lien statement.
How long do I have to enforce a recorded lien in Wyoming?
An action to foreclose the lien must be brought within 180 days of recording the lien statement.
What happens if I don't strictly follow Wyoming's lien statute procedures?
Failure to strictly comply with statutory requirements may result in the lien being declared invalid by the court. Statutory forms and timelines must be precisely followed.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
