How to File a Mechanics and Materialman’s Lien in Wyoming

If you’re a contractor, subcontractor, or material supplier in Wyoming, securing payment for your hard work and materials can sometimes require leveraging a legal remedy like a mechanics and materialman’s lien. This guide will walk you through the essential steps to file a lien successfully in Wyoming, covering key aspects like eligibility, notices, deadlines, and more.

Whether you’re new to the lien process or just need a refresher, understanding Wyoming’s specific requirements is critical to protecting your rights, ensuring you get paid, and maintaining your livelihood.

Who Can File a Mechanics and Materialman’s Lien in Wyoming?

Wyoming law entitles the following parties to file a mechanics and materialman’s lien:

• General contractors who oversee and manage construction projects.
• Subcontractors who provide labor for a portion of the project.
• Material suppliers who furnish materials used in the construction or improvement of a property.
• Equipment lessors who rent tools, machinery, or other equipment used in the project.

Under Wyoming statutes, individuals and businesses must provide materials, labor, or services that directly improve the property to qualify for a lien. It’s crucial to ensure that your contribution is tied to the property enhancement before considering lien filing.

Required Preliminary Notice

Wyoming law requires that subcontractors and material suppliers provide a preliminary notice to the project owner. This notice must be sent within the first 30 days of commencing work or providing materials on the project. Failing to send this notice on time can jeopardize your right to file a mechanics and materialman’s lien later on.

The preliminary notice is a critical step—it informs the property owner of your involvement in the project and preserves your lien rights if you are not paid. Be sure the notice is sent directly to the project owner and that you keep proof of delivery for your records. Our mechanic’s liens attorneys can help ensure your preliminary notice is properly drafted and delivered to protect your lien rights.

When Must a Lien Be Filed?

Timing is critical when filing a lien in Wyoming. Per Wyoming Statutes § 29-2-106, a lien must be filed within 120 days after the last day you provided labor, materials, or equipment for the project. Missing this deadline will likely forfeit your lien rights, so it’s crucial to track your dates carefully.

If you’re working on a project with staggered deliveries or intermittent work, you should document all activity to establish the final date accurately.

Notices Required Before and After Filing

Intent to Lien Notice (Pre-Filing Notice)

Wyoming law requires that you send an intent to lien notice to the property owner at least 20 days before filing your lien. This written notice informs the owner of your intent to file a lien if payment is not received, giving them one last opportunity to resolve the issue before formal action is taken. Keep proof that this notice was sent, as it is a required step in the lien process and failing to provide this notice can invalidate your lien rights.

Notice After Filing the Lien

Once you have filed your lien with the county clerk, you are required to send a notice of the filed lien to the property owner within 30 days of recording the lien. This notification should include a copy of the filed lien documents and ensures that the owner is formally made aware of your claim. Again, be sure to document that this notice was sent and received.

What Information Should Be Included in the Lien?

A valid mechanics and materialman’s lien in Wyoming must contain specific details to comply with state law. When filing, ensure the lien includes the following elements:

• Your name, company name, and contact information.
• Description of the property being improved, which must be detailed enough for identification (e.g., legal property description or address).
• Name of the property owner or party responsible for payment.
• Detailed list of work performed or materials supplied, including dates and amounts.
• Total amount owed, broken down to show labor and material costs if applicable.
• A statement indicating that the lien is filed under Wyoming Statutes for unpaid labor or materials.
• Your signature and, in some cases, notarization.

Meticulous documentation ensures your lien meets statutory requirements and reduces the chance of disputes that could derail its enforceability.

Working with experienced construction law attorneys can help you avoid costly filing errors and ensure your lien is properly enforceable.

How Long Is the Lien Valid?

Once filed, a mechanics and materialman’s lien in Wyoming remains valid for 180 days unless additional legal action is taken. This six-month period provides a window in which you must either secure payment or file a lawsuit to enforce the lien.

If no action is taken before the 180-day deadline, the lien will expire, and you will no longer have a claim against the property. To avoid this, monitor your deadlines carefully and consult with an attorney if necessary.

Can Attorney Fees Be Recovered?

Enforcing a lien through litigation can be costly, but Wyoming law does allow for the recovery of attorney fees in some circumstances. According to Wyoming Statutes § 29-1-306, the prevailing party in a lien enforcement lawsuit may be awarded reasonable attorney fees and court costs.

This provision encourages fair resolution by discouraging bad-faith disputes and gives lien claimants some assurance that pursuing enforcement won’t leave them in the red.

Key Takeaways

Navigating Wyoming’s mechanics and materialman’s lien process requires attention to detail and adherence to strict deadlines. Here are the main steps to ensure a successful lien claim:

1. Determine your eligibility to file a lien based on your role in the project.
2. Sending a preliminary Notice of Right to Lien to the property owner.
3. Sending an intent to lien 20 days before filing your lien.
4. File your lien within 120 days of providing your last labor or materials.
5. Serve a post-filing notice to the property owner within 30 after filing.
6. Include all required details in your lien, such as work descriptions and the total amount owed.
7. Take action to enforce the lien within 180 days if payment still isn’t received.

If you’re unsure about any part of the process or facing resistance, give us a call 713-713-7334, to find out more. Our construction debt collection services can help you navigate complex lien requirements and maximize your chances of getting paid. Ensuring you properly document your work and follow Wyoming’s lien laws can make the difference in whether or not you get paid.

Secure your rights and payment by filing liens the right way—your hard work deserves nothing less!