Wyoming
Mechanics Lien & Notice FAQs

It’s easy to file Wyoming mechanics liens with zlien, the web’s leading all-in-one mechanics lien compliance manager and security platform. Plus, the zlien platform can help you prepare and file mechanics lien cancellations, preliminary notices, and more. To learn more about Wyoming’s mechanics lien law, read the frequently asked questions below.

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Wyoming

Preliminary Notice Deadlines
20 Days

Preliminary Notice to owner of right to file lien required prior to receiving any payment from owner (including advances). Notice of Intent to lien required 20 days prior to filing lien.

Wyoming

Mechanics Lien Deadlines
150 Days

Lien must be filed w/in 150 days from last delivering labor or materials, and enforced within 180 days from lien's filing.

File your Wyoming lien online now.

Wyoming

Preliminary Notice Deadlines
30 Days

Preliminary Notice to owner and prime contractor of right to file lien required within 30 days after first providing labor or materials. Notice of Intent to lien required 20 days prior to filing lien.

Wyoming

Mechanics Lien Deadlines
120 Days

Lien must be filed w/in 120 days from last delivering labor or materials (or date of substantial completion of the project), and enforced within 180 days from lien's filing.

File your Wyoming lien online now.

Wyoming

Preliminary Notice Deadlines
30 Days

Preliminary Notice to owner and prime contractor of right to file lien required within 30 days after first providing labor or materials. Notice of Intent to lien required 20 days prior to filing lien.

Wyoming

Mechanics Lien Deadlines
120 Days

Lien must be filed w/in 120 days from last delivering labor or materials, and enforced within 180 days from lien's filing.

File your Wyoming lien online now.

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5 Things to Know About Wyoming Mechanics Liens

1) A Wide Range of Project Participants Have Mechanics Lien Rights

In Wyoming, both general contractors directly in contact with the property owner and sub-contractors have mechanics lien rights. In addition, material men (a project participant providing materials but not labor), engineers, architects and design professionals all have mechanics lien rights.

2) The Deadline to File Depends on the Project Participant

The deadline to file a mechanics lien in Wyoming depends on the project participant. If the participant is a general contractor directly in contact with the property owner, the mechanics lien must be filed 150 days from the date in which labor or materials were provided or 150 days from the date the project is legally completed (whichever is earlier). A participant not directly in contact with the owner must file 120 days from the date in which the labor or materials were provided or 120 days from the date the project is legally completed.

3) Preliminary Notice Is Mandatory

In Wyoming, mechanics lien law requires two different types of preliminary notices for all project participants. The due date for each notice also varies. All project participants wishing to file a mechanics lien in Wyoming must first file a Preliminary Notice of Right to Lien with the property owner. Also, every project participant is required to send a notice of intent to lien 20 days prior to filing a mechanics lien on the property.

Failure to submit these notices on time will end in a forfeit of lien rights. General contractors must provide preliminary notices before receiving any form of payment from the owner. Sub-contractors and suppliers have 30 days after first providing labor or materials. Notice of Intent to lien must be sent within 20 days of filing the lien.

All preliminary notices should be sent to the property owner only via certified mail with return receipt requested.

4) Wyoming Mechanics Liens Do Not Include Fees

Unfortunately, consequential damages may not be included in the lien. This means that attorney’s fees, lost profits or interest cannot be included in the lien amount.

5) Priority for Wyoming Mechanic Liens Depends on Timing

Priority depends on timing. If there are preexisting mortgages or encumbrances on a property, a lien filed subsequently does not have priority. However if mechanics lien is filed and then there is a subsequent mortgage or encumbrance, the mechanics lien will take priority. For timing determinations, all mechanics liens relate back to the date on which construction first commenced on the project. Amongst competing mechanics liens in Wyoming, funds must be shared in the event that there are insufficient funds.


Notices are required in Wyoming before filing a Mechanics Lien

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Wyoming Frequently Asked Questions

Wyoming Mechanics Lien FAQs

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 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.

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.

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. Now lien claimants have 30 days to deliver notice to the owner. This is dictated by WY Statute § 29-1-312(c).

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.

In Wyoming, an action to enforce a mechanics lien must be initiated within 180 days after the Lien Statement has been filed.

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 mechanics 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.

Yes. A mechanics lien in Wyoming must be notarized to be valid.

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.

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.

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.

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.

To learn more about lien waivers, see our Wyoming Lien Waiver FAQs and Resources.

Wyoming PRELIMINARY NOTICE FAQs

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.

NOTICE OF RIGHT TO CLAIM A LIEN:

By General Contractor: Prior to receiving any payment from 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.

Failure to serve either of the required preliminary notices is fatal to the mechanics lien claim.

Both required preliminary notices should be served by certified mail, return receipt requested.

No. The preliminary notices must only be served on the property owner (or owner’s agent).

Preliminary notices in Wyoming are considered delivered when sent.