Mechanics liens

Wyoming mechanics lien law and deadlines

In Wyoming, subs and suppliers send a preliminary notice within 30 days of first work, every claimant sends a notice of intent 20 days before filing, contractors file within 150 days and everyone else within 120, and suit must follow within 180 days.

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Wyoming's construction mechanics lien rules are in Title 29 of the Wyoming Statutes, chapters 1, 2, and 10. Three notices and two filing windows decide whether you have a lien. Under W.S. 29-2-112, subs and suppliers must send a preliminary notice to the record owner within 30 days after first providing work or materials, and the prime contractor must send one before it receives any payment. Under W.S. 29-2-107, every claimant sends a notice of intention to file at least 20 days before filing. Under W.S. 29-2-106, a contractor files its lien statement within 150 days and everyone else within 120 days. Then W.S. 29-2-109 gives 180 days after filing to start a foreclosure suit.

Wyoming lien deadlines at a glance
StepDeadline or ruleW.S.
Preliminary notice: prime contractorBefore receiving any payment from the owner, including advances29-2-112(a)(ii)(A)
Preliminary notice: sub or supplierWithin 30 days after first providing services or materials; copy to the contractor you work for29-2-112(a)(ii)(B)
Notice of intention to file lienSent to the record owner at least 20 days before filing29-2-107
Lien statement: contractorWithin 150 days of last work or substantial completion, whichever is earlier29-2-106(a)
Lien statement: everyone elseWithin 120 days (for a sub, after the last day it worked at the contractor's direction)29-2-106(a)
Notice of filing to ownerWithin 30 days after the lien statement is filed29-1-312(c)
Foreclosure suitWithin 180 days after filing the lien statement29-2-109
Public projectsBond required on contracts over $150,000; suit on the bond within 1 year of final completion16-6-112, 16-6-115

Who has lien rights in Wyoming

W.S. 29-2-101 gives a lien to every contractor, subcontractor, or materialman who performs work on or furnishes materials or plans for a building or improvement on real property, as long as the work or materials were furnished under a contract. The definitions in W.S. 29-1-201 count architects, professional engineers, and surveyors hired by the owner as contractors, and "material" includes equipment and machinery (incorporated or not) and fuel and lubricants used on the project. "Furnish" includes renting, so an equipment rental house can be a lien claimant. The lien covers the improvement and up to one acre of the owner's land, or the entire lot inside a city, town, or subdivision.

The preliminary notice is mandatory

Wyoming's preliminary notice is not optional. W.S. 29-2-112(a)(iii) says failure to send it on time bars the right to assert a lien. The notice tells the record owner you may lien if unpaid and that the owner can ask for lien waivers when it pays. Use the "Notice to Owner" form in W.S. 29-10-101(a); county clerks keep copies. Subs and suppliers also send a copy to the contractor they work for. To make this possible, W.S. 29-2-113 requires the contractor to give each sub and supplier the record owner's name and address and the legal description of the site when it contracts with them.

Say a concrete supplier makes its first pour for a $1.1 million shop building on June 3. Its notice to owner is due by July 3. Sent on July 10, it is too late, and the supplier's lien rights on that job are gone even if the last delivery is months away.

Notice of intent, lien statement, and filing

At least 20 days before filing, send the record owner a notice of intent to lien stating the amount and who owes it, in the form in W.S. 29-10-102. Then file a sworn, notarized lien statement with the county clerk. W.S. 29-1-312 lists its contents: claimant, amount, record owner, an itemized list of work or materials, who is contractually responsible for the debt, the date of last work or substantial completion, a legal description, and a copy or summary of the contract. The form is in W.S. 29-10-104. Within 30 days after filing, send the owner the notice of filing in the W.S. 29-10-103 form (missing it does not void the lien).

Timing traps: the clock runs from the earlier of your last day of work or the project's substantial completion. An owner can record a notice of substantial completion with the county clerk, which creates a presumption about that date, and it must mail a copy within 5 days to everyone who sent a preliminary notice. The parties can extend the filing period by a notarized, recorded agreement, but no more than double the normal window, and it does not bind anyone who did not sign.

Foreclosure and satisfaction

W.S. 29-2-109 requires a foreclosure suit within 180 days after the lien statement is filed, or the lien ends. Suit is filed in district court, or circuit court where its jurisdiction applies, in the county where the property is (W.S. 29-1-401). Once paid, file a notice of satisfaction with the county clerk and send the owner a copy within 30 days. A claimant that ignores a written request for one can owe damages of one-tenth of one percent of the original debt per day, capped at $100 per day (W.S. 29-1-314).

Lien waivers: Wyoming has a statutory form

W.S. 29-10-101(b) sets out a lien waiver form, attached to the preliminary notice so owners know to ask for it. It waives lien rights for payment received to date, while reserving retainage and unpaid amounts that you fill in, and it is notarized. Note the payment clause: the waiver can be relied on even if the payment was in uncertified funds that later bounce, except that it does not apply if the owner's own payment is dishonored. Fill in the reserved retainage and unpaid balance every time.

Homeowners and public projects

Wyoming's lien chapter does not set separate deadlines for owner-occupied homes. The homeowner protection is the preliminary notice and the waiver form, which warn owners that failing to collect waivers may mean paying twice. Public projects are different. Under W.S. 16-6-112, a public contract over $150,000 requires a payment bond of at least 100 percent of the contract price, for the benefit of anyone furnishing labor or materials. At $150,000 or less, the public entity may require another approved guarantee. Suit on the bond must start within one year after final completion (W.S. 16-6-115).

Related Wyoming rules: Wyoming prompt payment, Wyoming prevailing wage, and Wyoming contractor licensing. Smart Business Automator tracks notice dates, waivers, and open balances by job, so a missed 30-day window shows up before it costs you. See construction accounts receivable automation.

Frequently asked questions

How long do I have to file a mechanics lien in Wyoming?

A contractor files within 150 days and every other claimant within 120 days, counted from the earlier of the last day of work or materials or the project's substantial completion (for a sub, its last day of work at the contractor's direction).

Is a preliminary notice required in Wyoming?

Yes. Subs and suppliers must send it within 30 days after first providing work or materials, and the prime contractor before receiving any payment. Missing it bars the lien.

Does Wyoming have a statutory lien waiver form?

Yes. W.S. 29-10-101(b) provides a lien waiver form that reserves retainage and unpaid amounts and is signed before a notary.

How long does a Wyoming lien last?

180 days after the lien statement is filed, unless a foreclosure action is started within that time.

Where do I file a Wyoming lien?

With the county clerk in the county where the property is located. The clerk also keeps copies of the statutory notice and lien forms.

Sources

  1. Wyoming Legislature: Wyoming Statutes Title 29, Liens (PDF)
  2. Wyoming Legislature: Wyoming Statutes Title 16, including W.S. 16-6-112 to 16-6-115 (PDF)

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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