Wyoming
WYOMING
PRELIMINARY NOTICE
Written notice in substantially the same format as form specified in Wyo. Stat. § 29-10-101 must be sent to record owner or his agent of right to file lien against property for which services or materials provided if contractor, subcontractor, or materialman not paid, and right of owner or contractor to obtain lien waiver upon payment for services or materials. Contractor must provide prior to receiving any payment from the owner, including advances. Subcontractor and materialman must provide within 30 days after first providing services or materials to the project. Wyo. Stat. § 29-2-112.
CONTENTS OF PRELIMINARY NOTICE
Preliminary notice must be in substantially the same format and contain the same information as form specified in Wyo. Stat. § 29-10-101. The form requires: 1) name, address, telephone number, and contact person of contractor, subcontractor, or materialman; 2) description of materials provided or work performed; and 3) address and legal description of project property. Must also include information provided as notice to owner informing owner of right to file lien against property for which services or materials provided if contractor, subcontractor, or materialman is not paid, and right of owner or contractor to obtain lien waiver upon payment for services or materials.
WHEN COMPLETION OCCURS
For contractors and most others, completion occurs the earlier of: 1) after the last day when work was performed or materials provided under contract; or 2) from the date of substantial completion of project on which work was performed or materials furnished under contract. Wyo. Stat. § 29-2-106(a)(i). With respect to a subcontractor, after the last day he performed work at the direction of the contractor or other person authorized to provide direction. Wyo. Stat. § 29-2-106(a)(ii). Record owner may record notice of substantial completion in land records of county clerk and date notice is recorded as presumed date of substantial completion of project. Wyo. Stat. § 29-2-106(c). However, record owner notice does not extend the date by which lien statement must otherwise be filed pursuant to statutes. Id.
TIME LIMIT FOR RECORDING MECHANICS LIEN
Contractor must file lien statement within 150 days and every other person within 120 days of the earlier of: 1) after the last day when work was performed or materials provided under contract; or 2) from the date of substantial completion of project on which work was performed or materials furnished under contract. Wyo. Stat. § 29-2-106(a)(i). With respect to a subcontractor, after the last day he performed work at the direction of the contractor or other person authorized to provide direction. Wyo. Stat. § 29-2-106(a)(ii). If notice of substantial completion is filed by record owner, contractors must file lien statement within 150 days, and materialmen within 120 days, of the date the notice was recorded. Wyo. Stat. § 29-2-106(d). Note: time frames are different for cooperative utilities claiming a lien under the contractor and materialmen statutes.
TIME LIMIT FOR ENFORCING MECHANICS LIEN
All actions to foreclose or enforce a lien must be commenced within 180 days after filing lien statement. Wyo. Stat. § 29-2-109.
FORECLOSURE OR DISMISSAL BY COURT
Courts will dismiss liens where full statutory compliance is not achieved. Statutory forms are found at Wyo. Stat. § 29-10-101, et seq. No lien continues to exist for more than 180 days after the lien is filed unless an action to foreclose the lien is instituted. Wyo. Stat. § 29-2-109. Prior to entry of final judgment in a lien foreclosure action, a property owner, contractor, or subcontractor may discharge a lien by depositing with the court a corporate surety bond, letter of credit, cash, or cash equivalent of an established value approved by the court in an amount 1 1/2 times the amount of the lien. Wyo. Stat. § 29-1-501. Once deposited and accepted by the court, the lien is discharged in full and the security is substituted for the lien. Id.