Wyoming Mechanics Lien Frequently Asked Questions
It’s easy to file a Wyoming mechanics lien with zlien, the nation’s leading mechanics lien compliance manager and filing service. zlien prepares Wyoming mechanics liens, notices of intent to lien, preliminary notices, lien releases and cancellations, and more. To learn more about Wyoming mechanics lien laws, read the frequently asked questions below.
Who Can File a Wyoming Mechanics Lien?
In Wyoming, a contractor, subcontractor or materialman performing any work on, or furnishing any materials to, any building or improvement has mechanics lien rights. A subcontractor is now defined as a person (other than a contractor) performing work for a contractor or subcontractor under contract, and a materialman is defined as a person (other than a contractor) who furnishes material to, but does not perform work for, an owner, a contractor, or a subcontractor under contract. Lien rights in Wyoming also extend to design professionals such as engineers and architects.
When is the Deadline to File a Wyoming Mechanics Lien?
In Wyoming, a party who has a direct contract with the property owner must file a lien claim within 150 days after the last date on which labor and/or materials were furnished to the project, or the date on which the work was substantially completed, whichever is earlier.
A party who did not contract directly with the owner of the property must file a mechanics lien claim within 120 days after the last date on which labor and/or materials were furnished to the project, or the date on which the work was substantially completed, whichever is earlier.
Do I Need to Send Notice the Lien Was Recorded?
Yes. Wyoming requires that notice must be given to the property owner promptly after the lien statement is filed. Although the law previously required that the notice of lien be delivered to the owner within just 5 days of recording, that requirement was softened by a legislative change effective July 1, 2013, and lien claimants now have 30 days to deliver notice to the owner. This is dictated by WY Statute § 29-1-312(c).
Can I include Attorney’s Fees, Collection Costs, or Other Amounts in the Lien Total?
No. Wyoming does not generally allow attorney’s fees, lost profits, non-fixture items, interest, or other indirect or consequential damages to be included in the lien amount.
When is the Deadline to Enforce a Wyoming Mechanic’s Lien, or, How Long is My Lien Effective?
In Wyoming, an action to enforce a mechanics lien must be initiated within 180 days after the Lien Statement has been filed.
Will My Wyoming Lien Have Priority Over Pre-Existing Mortgages or Construction Loans?
In Wyoming, all mechanics liens relate back to the date construction commenced on the project. Mechanics liens are superior to all encumbrances perfected after the commencement of work on the project, and all prior perfected encumbrances are superior to a subsequent mechanic’s lien.
As to competing mechanics liens all are of equal priority and share pro-rata in the proceeds of any foreclosure sale if the proceeds are insufficient to cover all liens.
Must the Wyoming Lien Include a Legal Property Description?
Yes. Wyoming law requires that a Claim of Lien must include a “legal property description of the property against which the lien is claimed.”
Must the Wyoming Lien be Notarized?
Yes. A mechanics lien in Wyoming must be notarized to be valid.
Can I File a Wyoming Lien if I’m Unlicensed?
Yes. Wyoming does not impose any additional mandatory licensing requirements in order to claim a mechanics lien. However, it is never recommended to perform work for which a license is required without having that license.
Can I File a Wyoming Lien on a Condominium Project?
Yes. A mechanics lien may be filed against a condominium project in Wyoming, to the extent you are a party otherwise allowed to file a mechanics lien.
Who Cancels the Wyoming Lien if/when I get Paid?
Wyoming is one of the few states whose mechanics lien law expressly dictates how lien satisfactions must be handled after payment. WY Statute § 29-1-313 provides that the lien claimants (i.e. the party who filed the lien) must file a notice of satisfaction (i.e. cancellation) and notify the property owner of the satisfaction within 30 days of receiving payment.
What Are the Lien Waiver Rules?
Wyoming statutorily mandates that all parties on a construction project use certain legislatively designed construction lien waiver forms. This state is one of only 11 states that requires this. If a contractor or owner asks you to use a lien waiver form that does not conform to the statutory form, the waiver will be invalid, and the contractor could get in legal trouble. See this article: The 11 States with Statutory Lien Waiver Forms.
Wyoming state law is unclear or silent about whether contractors and suppliers can waive their lien rights before any work on the project begins. Accordingly, you want to proceed with caution on this subject. You can learn more about such “no lien clauses” at this article: Where Can You Waive Your Lien Rights Before Payment?
Do I Need to Send a Wyoming Preliminary Notice?
Yes. Wyoming requires all lien claimants to serve the property owner with a Preliminary Notice of Right to Lien, and a Notice of Intention to File Lien.
Note, however, that the Notice of Right to Lien is only strictly required if the general’s contract with the property owner is $50,000 or more, and the general has posted a Job Site Notice.
When do I Need to Send a Wyoming Preliminary Notice?
Notice of Right to Claim a Lien:
By General Contractor: Prior to receiving any payment form the owner, including advances.
By Sub/Supplier: Within 30 days after first providing labor and/or materials to the project.
Notice of Intent to File Lien: No later than 20 days prior to filing a Lien Statement.
What if I Send the Wyoming Preliminary Notice Late?
Failure to serve either of the required preliminary notices is fatal to the mechanics lien claim.
How Should the Wyoming Preliminary Notice be Sent?
Both required preliminary notices should be served by certified mail, return receipt requested.
Do I Have to Send the Wyoming Preliminary Notice to Someone Other than the Owner?
No. The preliminary notices must only be served on the property owner, (or owner’s agent).
Is the Wyoming Preliminary Notice Requirement met when sent or delivered?
Preliminary notices in Wyoming are considered delivered when sent.