Wyoming Lien Frequently Asked Questions

What is a mechanics’ lien claim?

Liens filed on private property in Wyoming are known as Mechanics’ Liens. When a lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. Liens can be filed against oil, gas, well, and mining property. Architects and engineers have lien rights.

Who can file a Mechanics’ Lien Claim?

A mechanics’ lien is available in Wyoming to any party who has a contract either with the owner or the general contractor. With regard to oil, gas or mining property, lien rights extend to third tier subcontractors or materialmen who contract with a subcontractor so long as the subcontractor has a contract with a general contractor and that general contractor has a contract with the owner. Architects and engineers who furnish plans for a building or improvement are also entitled to a lien.

Are pre-notices for a Mechanics’ Lien Claim required?

There are several notice requirements required in Wyoming that must be strictly followed. Every prime contractor or subcontractor must give an initial notice with regard to a newly constructed single-family home. This notice must be given within 30 days and must be received by the owner or its agent. This notice with regard to residential property is a condition to being able to file a lien in Wyoming.

On all types of projects, the “right to claim a lien” must be provided to the prime contractor no later than 60 days after the date on which services or materials are first furnished. This notice requirement pertains to projects on which the prime contractor’s contract is valued at $50,000.00 or more.

Thereafter, before the actual filing of a lien, all contractors, subcontractors, and material must give 10 days’ notice to an owner of their intent to file a lien essentially stating the amount of the lien claim and from whom it is due. The 90 and 120 day time periods begin to run from the last day from when work was performed or materials furnished under a contract or the date the work was substantially completed or there was substantial completion on the contract to furnish materials, whichever is earlier.

When should a Mechanics’ Lien Claim be filed?

How much does it cost to file a Mechanics’ Lien Claim?

LienItNow.com prepares, files and serves Wyoming Mechanics’ Liens for a fee of $250.00.

Do I need a written contract?

No.  Oral contracts are sufficient.

How does filing a Mechanics’ Lien Claim help me get my money?

On a private project, the mechanics’ lien places an encumbrance on the property that makes it difficult to resell or re-finance the property without first removing the lien.

What is a Stop Notice and why should it be filed?

LienItNow.com prepares and serves Wyoming Stop Notices for a fee of $100.00.  A Stop Notice is a notification that has the ability to enhance the effectiveness of a mechanic’s lien. A Stop Notice, or a notice to withhold funds, is sent to the company that is financing or funding the construction funds for a project. Once that company receives the Stop Notice, that company has notice that it should withhold sufficient money to satisfy the stop notice claim. The purpose of the Stop Notice is to provide the lender, financiers or funders of the construction project notice that there is money owed to a contractor, subcontractor or supplier so that an inquiry can be made as to why that money is not being paid.

What is an Amendment to a Mechanics’ Lien Claim?

LienItNow.com prepares, files and serves Wyoming Amendments to Mechanics’ Lien Claims for a fee of $225.00.  Amendments to a mechanics’ lien claim are often needed when something about the claim changes.  Common changes to a lien claim are increases or reductions in the amount due to the lienor, or a change to the last date of work.

When should a Discharge of Mechanics’ Lien claim be filed?

LienItNow.com prepares, files and serves Wyoming Discharges of Mechanics’ Lien Claims for a fee of $75.00.  Once the lienor has been paid the amount contained in its lien claim, or has come to an agreement that requires the lien claim to be removed from the property records, a Discharge of Mechanics’ Lien Claim should be filed.

How much does it cost to file an Extension of a Mechanics’ Lien Claim?

LienItNow.com prepares, files and serves extensions of Mechanics’ Lien Claims for a fee of $75.00.  All lien claims expire after a certain period of time, and filing an extension of the mechanics’ lien claim prolongs the expiration date.  Wyoming law, however, does not permit an extension of mechanics’ lien claims.

Can I file a Bond Claim on the Project?

LienItNow.com prepares, files and serves Wyoming Bond Claims for a fee of $250.00.  Bond claims can only be filed on a project where the owner, contractor or subcontractor has obtained a payment bond to ensure that every contractor receives payment for the work performed on the Project.  The payment bonds issued by sureties for construction projects have specific timing requirements, but most require claimants to submit claims against the bond within sixty to ninety days from the claimants’ last date of work.  Bond claims are as or more effective than a lien claim because the payment bond acts as a guarantee that payment will be made for work properly completed.

Do I need to file a Pre-Notice to make a claim against a payment bond?

LienItNow.com prepares, files and serves Wyoming Pre-Notices for bond claims for a fee of $50.00.  Depending on the terms of the payment bond, pre-notices may or may not be required.  LienItNow.com recommends that, prior to or immediately after starting work or delivering materials to a project, subcontractors and suppliers, file a pre-notice that it is a potential beneficiary of the construction project’s bond.