In Wyoming, contractors and suppliers who haven’t received payment for their work can file a mechanics lien to secure their dues. This legal claim provides the unpaid party with a security interest in the property.
At CRM Lien Services, we specialize in ensuring you get paid quickly and reliably. We can prepare and file mechanics liens for you, taking into account Wyoming construction lien law and state-specific rules and regulations, including the need for an adequate and ascertainable description of the real estate.
This page details the rules, requirements, and deadlines for filing a mechanics lien Wyoming.
Key Takeaways
- Eligibility and Scope: In Wyoming, mechanics lien rights are available to a wide range of construction project participants, including contractors, subcontractors, material suppliers, and design professionals. This broad scope allows various parties involved in a project to secure payment if they haven’t been compensated for their work.
- Filing Deadlines: The deadline for filing a mechanics lien in Wyoming varies based on the claimant’s relationship with the property owner. General contractors with a direct contract must file within 150 days, while other participants must file within 120 days. These deadlines are calculated based on the relationship with the record owner. Adhering to these deadlines is crucial for ensuring your lien is valid and enforceable.
- Required Documentation: A Wyoming mechanics lien must include a detailed legal property description, claimant and property owner details, a list of labor/materials provided, and contract terms. Additionally, notices must be sent and received according to specific requirements, including using certified mail for documentation. Ensuring all information is accurate and complete is essential for the lien’s effectiveness.
Who Can File a Mechanics Lien in Wyoming?
In Wyoming, lien rights are granted to contractors, subcontractors, and material suppliers.
A subcontractor is someone (excluding a contractor) who works under a contractor or another subcontractor’s contract.
Material suppliers, or material, provide materials (including machinery and equipment) but do not perform any work for the owner, contractor, or subcontractor.
Additionally, mechanics lien rights in Wyoming are also available to design professionals like engineers and architects.
What Is the Deadline for Filing a Mechanics Lien in Wyoming?
In Wyoming, the deadline for filing a mechanics lien depends on the claimant’s relationship to the project.
For those with a direct contract with the property owner, the deadline is 150 days from the last date labor and/or materials were provided or from the date the work was substantially completed, whichever comes first. The deadlines are calculated from the last date labor and/or materials were provided or from the completion of the project, whichever comes first.
For all other parties without a direct contract with the property owner, the deadline is 120 days from the last date labor and/or materials were supplied or from the date the work was substantially completed, whichever occurs first.
What Information Must Be Included in a Wyoming Mechanics Lien?
A Wyoming Lien Statement, regulated by Wyo. Stat. §29-1-312, must include:
- Claimant’s details
- Property owner’s details
- Amount of the lien
- Detailed list of labor and/or materials provided
- Information about the hiring party
- Last date labor and/or materials were provided
- Description of the property
- Contract terms (if written, include a copy or a statement of the terms and the contract’s address; if verbal, include a statement of the terms)
Following proper procedures for filing a lien is crucial for the lien’s effectiveness.
Does a Wyoming Mechanics Lien Require a Legal Property Description?
Yes, Wyoming law mandates that a Claim of Lien must include a “legal property description” of the property in question. A street address alone is not adequate.
Where Should You File and Record a Mechanics Lien in Wyoming?
Wyoming mechanics lien claims must be recorded with the County Clerk’s Office in the county where the project is located to be valid. The necessary procedures must be followed to file lien claims with the County Clerk’s Office. Each county in Wyoming has its own set of rules and requirements.
Who Cancels a Wyoming Lien Once Payment Is Received?
Wyoming is among the few states with specific rules on handling lien satisfaction after payment. Under WY Statute § 29-1-313, lien claimants must file a notice of satisfaction (cancellation) and notify the property owner within 30 days of receiving payment.
If a claimant fails to release the mechanics lien within this period, they may be liable for actual damages plus 10% per day of the lien amount, following a written demand for release.
What Should Be Included in a Wyoming Notice of Right to Lien?
This notice primarily aims to alert the property owner about the potential for a lien and provide the necessary information and forms to prevent it. To be valid, the notice must include specific language and details.
The required notice language is:
“The undersigned is supplying work or materials to the property listed below. If payment is not made to a contractor, subcontractor, or material supplier for work done or materials provided to the project at this property, a lien statement may be filed against it. To prevent this, when making payments, you should request ‘lien waivers’ from all parties supplying labor or materials. Not obtaining lien waivers could result in having to pay for the same services or materials more than once. A lien waiver form is included with this notice.”
It is crucial to include a blank lien waiver form in the Notice of Right to Lien, which is particularly beneficial for property owners contracting construction work for the first time. The notice must also contain the claimant’s information, a description of the labor and materials provided, the property address, and a legal property description, and it must be signed and dated.
Additionally, a notice of substantial completion must be filed with the county clerk and distributed to relevant parties, such as contractors, subcontractors, and material suppliers, to inform them of their rights and timelines regarding lien claims. Once these details are correctly filled in, you can proceed to send the Notice of Right to Lien.
How to Send a Notice of Right to Lien in Wyoming?
Wyoming law offers flexibility regarding how notices must be sent. You can use mail, transmission, or any standard communication method. This includes sending the notice via post, fax, or email. For mailing, options include first class, registered, or certified mail, provided you obtain proof of delivery.
If you choose to send the notice electronically, email is acceptable only if there has been prior electronic communication between the sender and recipient. Once the notice is sent via mail or electronically, it is considered delivered.
5 Essential Things to Know About Mechanics Liens in Wyoming
Contractors and suppliers in Wyoming have robust lien rights. If they don’t receive payment for a job, they can file a lien to expedite payment and protect their interests. However, adhering to specific rules and requirements is crucial.
Here are five key points about Wyoming’s mechanics lien law:
- Broad Scope of Lien Rights: In Wyoming, mechanics lien rights extend to general contractors, subcontractors, material suppliers (providing materials without labor), and design professionals like engineers and architects.
- Filing Deadlines Vary by Participant: The deadline to file a mechanics lien in Wyoming depends on the participant’s role. General contractors who have a direct contract with the property owner must file within 150 days of providing labor/materials or from the project’s completion date, whichever is earlier. Other participants must file within 120 days.
- Mandatory Preliminary Notices: Wyoming law requires two types of preliminary notices: a Preliminary Notice of Right to Lien and a Notice of Intent to Lien. The Preliminary Notice must be filed with the property owner before any payment is received, and subcontractors and suppliers have 30 days after providing labor/materials. The Notice of Intent must be sent 20 days before filing the mechanics lien. All notices must be sent via certified mail with return receipt requested. Additionally, a Notice of Intention to File Lien must be sent 20 days before filing the mechanics lien, describing the claim amount and source of the debt as mandated by Wyoming statutes.
- Inclusion of Fees: Wyoming mechanics liens can include prejudgment interest, attorney fees, and costs related to collecting unpaid amounts.
- Priority Based on Timing: Priority of mechanics liens is determined by timing. A lien filed before any existing mortgages or encumbrances will take precedence. Conversely, a lien filed after a mortgage or encumbrance will be subordinate. All mechanics liens are considered from the start date of construction, and in cases of insufficient funds, they will be distributed proportionately among competing liens.
How to File a Mechanics Lien in Wyoming?
If you’ve worked on a private project in Wyoming and haven’t been paid, filing a mechanics lien may be a necessary step. This legal tool is essential for contractors and suppliers to secure payment and protect their interests.
Here’s a comprehensive guide on how to file a mechanics lien in Wyoming:
Post-Filing Actions
- Enforcing the Lien: A lien claimant enforcing their lien has the right to sell the property or improvements under execution. This process may involve court authorization for the removal of improvements and the recovery of associated costs.
- Foreclosing the Lien: A lien claimant foreclosing their lien can initiate legal proceedings that may lead to a judicial sale of the real estate. This includes potential costs for removing improvements or restoring the property to its original condition.
Verify Your Lien Rights in Wyoming
Before filing a mechanics lien, confirm that you have the right to do so. In Wyoming, mechanics lien rights extend to general contractors, subcontractors, material suppliers, and design professionals like architects and engineers. You do not need a written contract to file a lien.
Who Can File a Mechanics Lien?
Wyoming mechanics lien rights are available to various construction project participants, including general contractors, subcontractors, material suppliers, and design professionals. You do not need a written contract to file.
Preliminary Notice Requirements
Before filing a mechanics lien, Wyoming law requires sending preliminary notices:
- General or Prime Contractors: Send preliminary notice to the property owner before receiving any payments.
- Subcontractors and Suppliers: Within 30 days of providing labor or materials, send notice to both the property owner and general contractor. Notices must be sent via certified mail, with a return receipt requested.
Step 1: Send a Notice of Intent to Lien
Before filing the mechanics lien, send a Notice of Intent to Lien to the property owner by certified mail, with return receipt requested, at least 20 days before filing the claim. This notice should include your information, the unpaid amount, and details about the hiring party.
Step 2: Complete Your Wyoming Mechanics Lien Claim Form
Fill out the Wyoming mechanics lien form accurately, including:
- Your Name and Address: Use your full legal name or your company’s registered name.
- Lien Amount (and Fees): Include the total amount due, plus any attorney fees, collection costs, and prejudgment interest.
- Owner’s Name and Address: List all property owners.
- List of Work and/or Materials Provided: Provide an itemized list and attach relevant invoices.
- Parties Responsible for the Debt: Include the property owner, general contractor, and hiring parties.
- Last Date of Providing Labor or Materials: Specify the date you worked on the project.
- Legal Property Description: Include the full legal description of the property, which can be obtained from the county assessor’s office.
- Contract Terms: Attach a written contract or summarize the terms if the contract is oral.
- Signed and Notarized: Sign and notarize the form as Wyoming law requires.
Step 3: File Your Wyoming Mechanics Lien Claim
File your completed lien claim with the county clerk’s office where the property is located. Each office has specific requirements and fees.
Be aware of the following:
- Filing Deadline:
- Prime Contractors: 150 days from the last date of furnishing labor/materials or from the project’s completion.
- Subcontractors and Material Suppliers: 120 days from the same milestones.
- Delivery Methods:
- In-Person Filing: Ensures immediate filing and allows for real-time issue resolution.
- Filing by Mail: Be mindful of potential delays; include a self-addressed stamped envelope for return confirmation.
- Electronic Filing: Convenient but requires correct document formatting and legibility.
Step 4: Send a Notice of Lien Filing
After filing the lien, send a Notice of Lien Filing to the property owner within 30 days. If there are multiple owners, send a notice to each. This should also be sent by certified mail with the return receipt requested.
Post-Filing Actions
- Enforcement (Foreclosure) Action: If payment is not received within 180 days, consider filing a foreclosure action. Consult with a local construction attorney for guidance.
- Release (Cancel) the Mechanics Lien: Once paid, file a Notice of Satisfaction within 30 days. Failure to do so could incur daily penalties of up to $100.
By following these steps, you can effectively manage your mechanics lien process in Wyoming and safeguard your right to payment.
Get in Touch
Navigating the mechanics lien process in Wyoming is crucial for contractors, subcontractors, material suppliers, and design professionals seeking to secure payment for their work. This guide outlines the essential steps, from verifying your lien rights to filing and enforcing a lien. By understanding the requirements and deadlines, you can effectively protect your interests and ensure timely payment.
At CRM Lien Services, we have been serving customers across the country with required reference documentation for lien claims since 1986. We assist property owners in navigating the mechanics lien process, informing them about their rights and responsibilities, including providing notices, securing payment, and releasing mechanic’s liens.
We have a wealth of expertise, are licensed and insured, and have a team of highly knowledgeable document processors. If you’re looking for a straightforward process for filing a mechanics lien, give us a call or shoot us an email.
