Wyoming Bond Claim (Little Miller Act) Overview

It’s easy to file and manage your Wyoming bond claims with zlien, the industry’s only all-in-one bond claim and security rights management platform. Get complete control over your bond claim rights on a state, county, or municipal project, by using intelligent technology. To learn more about Wyoming’s bond claim laws and requirements, read the frequently asked questions below.

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Wyoming

Preliminary Notice Deadlines
None / not applicable.

Wyoming

Bond Claim Deadlines
None / not applicable.

Wyoming

Preliminary Notice Deadlines
60 Days

If required, within 60 days from the claimant’s first furnishing of labor and/or materials to the project for Bond Claim.

Wyoming

Bond Claim Deadlines
20 Days

Bond Claim delivered at same time suit is initiated. Suit must be initiated within 1 year after the date of first publication of notice of final payment of the contract on Dept. of Administration and Information projects. For all other projects, the language of the bond controls.

Wyoming

Preliminary Notice Deadlines
60 Days

If required, within 60 days from the claimant’s first furnishing of labor and/or materials to the project for Bond Claim.

Wyoming

Bond Claim Deadlines
20 Days

Bond Claim delivered at same time suit is initiated. Suit must be initiated within 1 year after the date of first publication of notice of final payment of the contract on Dept. of Administration and Information projects. For all other projects, the language of the bond controls.

Wyoming Bond Claim (Little Miller Act) FAQs

Wyoming Bond Claim FAQs

Who Is Protected under Wyoming Bond Claim Laws?

In Wyoming, protection to parties on public projects is fairly broad. On projects with all public entities other than the Department of Administration and Information, all furnishers of labor and/or materials actually used in the execution of the contract are protected. This presumably applies to any tier, and suppliers to suppliers, as well. For projects with the Department of Administration and Information first tier subs and suppliers to the general contractor are explicitly covered, but second-tier subs and below and suppliers to suppliers may not have protection.

When is the Deadline to File a Wyoming Bond Claim?

In Wyoming, the bond claim must only be delivered at the same time that the claimant begins an action against the bond.

Who Should Receive the Wyoming Bond Claim?

In Wyoming, the bond claim must be given to the contracting public entity. It may also be advisable to send notice of the claim to the general contractor, as well.

When is the Deadline to Initiate Suit, or, How Long is My Wyoming Bond Claim Effective?

On projects with all public entities other than the Department of Administration and Information, there is no specified time limit in which suit must be initiated. It is therefore advisable to obtain a copy of the bond, to determine what time restrictions are included therein, or follow the guidelines for Dept. of Administration and Information projects. On Dept. of Administration and Information projects, the action must be initiated within 1 year after the date of first publication of notice of final payment of the contract. No judgment may be entered until at least 30 days after notice of the bond claim was given.

What Must the Wyoming Bond Claim Include?

The notice of bond claim must inform the oblige of the beginning of the action, identify the names of the parties (contracting public agency, general contractor, hiring party, claimant), describe the guaranty of bond, and state the amount and nature of the claim.

How Must the Wyoming Bond Claim Be Sent?

Wyoming has no specific provision detailing how the notice of bond claim must be delivered. However, it is likely advisable to send the bond claim by certified and regular mail.

Wyoming Public Project Preliminary Notice FAQs

Do I Need to Send a Wyoming Preliminary Notice?

It depends. In Wyoming, preliminary notice is generally required to preserve a claimant’s right to make a bond claim where the total amount of the general contractor’s contract was $50,000 or more. It is not specifically required that notice be given if the general fails to post a notice at the jobsite citing the relevant law, but it is likely advisable to send notice on all projects where the original contract is more than $50,000, whether or not the general’s notice is posted on the jobsite.

When do I Need to Send a Wyoming Preliminary Notice?

In Wyoming, the preliminary notice must be mailed to the general contractor within 60 days from the claimant’s first furnishing of labor and/or materials to the project.

What if I Send the Preliminary Notice Late?

When required, preliminary notice is mandatory, and the failure to timely provide preliminary notice is fatal to the claim.

How Should the Wyoming Preliminary Notice be Sent?

The preliminary notice may be served on the general contractor via certified mail, or another method where the notice is delivered to and actually received by the general contractor. If sent by certified mail, notice is considered effective upon mailing.

To Whom Must the Wyoming Preliminary Notice be Given?

In Wyoming, preliminary notice should be delivered to the general contractor supplying the bond.

Wyoming Bond Claim (Little Miller Act) Statutes

When you perform work on a state construction project in Wyoming, and are not paid, you can file a “lien” against the project pursuant to Wyoming’s Little Miller Act. Since the claim is not against the state or county’s actual property, but instead against a posted bond, the claim is not really called a “lien” but is more frequently referred to as a “bond claim” or “little miller act claim.” Wyoming’s Little Miller Act is found in Wyoming Statutes, Title 16, Chapter 6, Article 1: Public Works and Contracts, and is reproduced below.

Wyoming's Little Miller Act

16-6-112. Contractor's bond or other guarantee; when required; conditions; amount; approval; filing; enforcement upon default.

(a) Except as provided under W.S. 9-2-1016(b)(xviii), any contract entered into with the state, any county, city, town, school district or other political subdivision of the state for the construction, major maintenance or renovation of any public building or other public structure or for any public work or improvement and the contract price exceeds seven thousand five hundred dollars ($7,500.00), shall require any contractor before beginning work under the contract to furnish the state or any political subdivision, as appropriate, a bond or if the contract price is one hundred thousand dollars ($100,000.00) or less, any other form of guarantee approved by the state or the political subdivision. The bond or other form of guarantee shall be: (i) Conditioned for the payment of all taxes, excises, licenses, assessments, contributions, penalties and interest lawfully due the state or any political subdivision; (ii) For the use and benefit of any person performing any work or labor or furnishing any material or goods of any kind which were used in the execution of the contract, conditioned for the performance and completion of the contract according to its terms, compliance with all the requirements of law and payment as due of all just claims for work or labor performed, material furnished and taxes, excises, licenses, assessments, contributions, penalties and interest accrued in the execution of the contract; (iii) In an amount not less than fifty percent (50%) of the contract price unless the price exceeds one hundred thousand dollars ($100,000.00), in which case the appropriate officer, agent or the governing body may fix a sufficient amount; (iv) Approved by and filed with the appropriate officer, agent or other designee of the state or governing body of the political subdivision. (b) A bond or other guarantee satisfactory to the state or political subdivision, as the case may be, shall include the obligations specified under subsection (a) of this section even though not expressly written into the guarantee. (c) In default of the prompt payment of all obligations under the guarantee, a direct proceeding may be brought in any court of competent jurisdiction by the authorized officer or agency to enforce payment. The right to proceed in this matter is cumulative and in addition to other remedies provided by law. Back to Top

16-6-113. Contractor's bond or other guarantee; right of action; notice to obligee; intervention by interested parties; pro rata distribution.

Any person entitled to the protection of a bond or other form of guarantee approved by the state or any political subdivision under W.S. 16-6-112, may maintain an action for the amount due him. He shall notify the obligee named in the bond or other guarantee of the beginning of the action, giving the names of the parties, describing the guarantee and stating the amount and nature of his claim. No judgment shall be entered in the action within thirty (30) days after the giving of the notice. The obligee or any person having a cause of action may on his motion, be admitted as a party to the action. The court shall determine the rights of all parties to the action. If the amount realized on the bond or other guarantee is insufficient to discharge all claims in full, the amount shall be distributed among the parties pro rata. Back to Top

16-6-114. Contractor's bond or other guarantee; requiring new or additional bond or other guarantee; failure to furnish.

If in its judgment any of the sureties on a bond or other form of guarantee approved by the state or any political subdivision under W.S. 16-6-112 are insolvent or for any cause are no longer proper or sufficient sureties, the obligee may within ten (10) days require the contractor to furnish a new or additional bond or other approved guarantee. If ordered by the obligee, all work on the contract shall cease until a new or additional bond or other guarantee is furnished. If the guarantee is not furnished within ten (10) days, the obligee may at its option determine [terminate] the contract and complete the contract as the agent and at the expense of the contractor and his sureties. Back to Top

16-6-115. Contractor's bond or other guarantee; limitation of actions.

No action shall be maintained on any bond or other form of guarantee satisfactory to the state or any political subdivision under W.S. 16-6-112 unless commenced within one (1) year after the date of first publication of notice of final payment of the contract. Back to Top

16-6-116. Final settlement with and payment to contractor; required notices.

Back to Top When any public work is let by contract the commission, board or person under whose direction or supervision the work is being carried on and conducted and upon whose approval intermediate and final estimates are paid for the construction of the work, forty (40) days before the final estimate is paid, shall cause to be published in a newspaper of general circulation, published nearest the point at which the work is being carried on, once a week for three (3) consecutive weeks, and also to post in three (3) conspicuous places on the work, a notice setting forth in substance, that the commission, board or person has accepted the work as completed according to the plans and specifications and rules set forth in the contract between the commission, board or person and the contractor, and that the contractor is entitled to final settlement therefor. The notice shall also set forth that upon the 41st day (and the notice shall specify the exact date) after the first publication of the notice the commission, board or person under whose direction or supervision the work has been carried on will pay to the contractor the full amount due under the contract. This section does not relieve the contractor and the sureties on his bond from any claims for work or labor done or materials or supplies furnished in the execution of the contract. Back to Top

16-6-117. Final settlement with and payment to contractor; prerequisite filing of contractor's statement of payment; disputed claims.

In all formal contracts entered into by any person with the state, or any department or commission thereof, or with any county, city, town, school district, high school district, or other public corporation of this state, for the construction of any public building, or the prosecution and completion of any public work, or for repairs upon any public building or public work, no final payment shall be made until the person files with the officer, department or commission of the state, or with the clerk of the county, city, town or school district, or with a similar officer of any other public corporation by which the contract has been made, a sworn statement setting forth that all claims for material and labor performed under the contract have been and are paid for the entire period of time for which the final payment is to be made. If any claim for material and labor is disputed the sworn statement shall so state, and the amount claimed to be due the laborer shall be deducted from the final payment and retained by the state, county, city, town or school district authority or public corporation until the determination of the dispute, either by judicial action or consent of the parties, and then paid by the agent or agency to the persons found entitled thereto. Back to Top

16-6-118. Unlawful interest of officeholders in public contracts or works; exception.

(a) It is unlawful for any person, now or hereafter holding any office, either by election or appointment, under the constitution or laws of this state, to become in any manner interested, either directly or indirectly, in his own name or in the name of any other person or corporation, in any contract, or the performance of any work in the making or letting of which the officer may be called upon to act or vote. It is unlawful for any officer to represent, either as agent or otherwise, any person, company or corporation, in respect of any application or bid for any contract or work in regard to which the officer may be called upon to vote or to take or receive, or offer to take or receive, either directly or indirectly, any money or other thing of value, as a gift or bribe, or means of influencing his vote or action in his official character. Any contracts made and procured in violation of this subsection are null and void and the person violating this subsection may be removed from office. (b) Notwithstanding subsection (a) of this section, if any person is interested in any public contract or shall represent any person, company or corporation, but shall disclose the nature and extent thereof to all the contracting parties concerned therewith and shall absent himself during the considerations and vote thereon and not attempt to influence any of the contracting parties and not act directly or indirectly for the governing body in inspection, operation, administration or performance of any contract, then the acts are not unlawful under this section. This section does not apply as to the operation, administration, inspection or performance of banking and deposit contracts and relationships after the selection of a depository. Back to Top

16-6-119. State construction; right to reject bids or responses; qualifications of bidders and respondents.

Every state agency, board, commission, department or institution shall be authorized to determine the qualifications and responsibilities of bidders or respondents on contracts for the construction, major maintenance or renovation of a public project, facility or structure using standard forms and procedures adopted by the department of administration and information, and may recommend that the department of administration and information reject any or all bids or responses based on the qualifications and responsibilities of bidders and respondents and readvertise for bids or responses. Back to Top

16-6-120. Rulemaking; penalties; enforcement.

(a) The department of workforce services shall promulgate rules and regulations as the department determines necessary or convenient to enforce this act.
(b) Unless punishable under subsection (c) of this section, an individual or a business entity and any officer or member thereof that intentionally falsifies information under this act shall be:
(i) Fined seven hundred fifty dollars ($750.00) for each violation for each day during which the violation continues;
(ii) Barred from bidding on any contract subject to the provisions of this act or submitting any request for proposal on any project subject to the provisions of this act for one (1) year from the date the violation is corrected.
(c) Any person who signs an affidavit submitted to the department pursuant to W.S. 16-1-101(a), knowing any information contained therein is false, shall be guilty of false swearing punishable as a felony in accordance with W.S. 6-5-303(a).
(d) The department of workforce services is authorized and directed to enforce W.S. 16-6-101 through 16-6-206.
(e) In the event a contractor fails to comply with an order from the department, the director shall refer the matter to the appropriate district or county attorney for enforcement of the department’s order. Back to Top

16-6-121. Notice required to receive protection under a bond or guarantee; limitation; notice required by owner in project specifications.

(a) Any subcontractor or materialman entitled to the protection of a bond or other form of guarantee approved by the state or any political subdivision under W.S. 16-6-112 shall give notice of his right to that protection to the prime contractor. Failure to give notice to a prime contractor who has complied with subsections (f) and (g) of this section waives the subcontractor or materialman’s protection under the bond or guarantee and waives any right to a lien for materials or services provided. (b) The notice shall be given no later than sixty (60) days after the date on which services or materials are first furnished. (c) The notice shall be sent to the prime contractor by certified mail or delivered to and receipted by the prime contractor or his agent. Notice by certified mail is effective on the date the notice is mailed. (d) The notice shall be in writing and shall state that it is a notice of a right to protection under the bond or guarantee. The notice shall be signed by the subcontractor or materialman and shall include the following information: (i) The subcontractor or materialman’s name, address and phone number and the name of a contact person; (ii) The name and address of the subcontractor’s or materialman’s vendor; and (iii) The type or description of the materials or services provided. (e) This section shall only apply where the prime contractor’s contract is for fifty thousand dollars ($50,000.00) or more. (f) The prime contractor shall post on the construction site a prominent sign citing this section and stating that any subcontractor or materialman shall give notice to the prime contractor of a right to protection under the bond or guarantee and that failure to provide the notice shall waive the subcontractor or materialman’s protection under the bond or guarantee and shall waive any right to a lien for materials or services provided. (g) The owner or his agent shall provide written notice of the information required by this section in the project specifications. Back to Top