Wednesday, August 24, 2011

New Wyoming Lien Law

Change in Wyoming lien law – Have you filed your pre-lien notice?
A number of our clients have done work or will soon be doing work or supplying goods and services for projects located in Wyoming.  Unlike Colorado, Wyoming is a pre-lien state and thus a supplier of goods and services must provide a notice to the owner and general contractor within thirty (30) days of FIRST supplying to the project.  Although the pre-lien notice has been a requirement under Wyoming lien law for quite some time, there have been a few loopholes in the statute that would allow a lien claimant to pursue their lien even if the pre-lien notice was not done.   However, the Wyoming statutes changed as of July 1, 2011 doing away with the loopholes.  Thus,  a pre-lien notice is a mandatory requirement to filing a lien in Wyoming and failure to timely do so will bar the claimant from filing a lien.  Wyoming requires that a pre-lien notice be filed even on public projects.
There have also been a number of other changes to the mechanic’s lien law. Among them is extending the time for filing a lien claim.  The old statute required that a lien claim be filed by the general contractor within 120 days of his last work and within 90 days of last work for subcontractors and suppliers.  The statutory changes have lengthened these time periods to 150 days for general contractors and 120 days for subcontractors and suppliers.  Again it is important to remember that without the pre-lien notice a claimant will not be able to file a lien at all.
There are other changes that have occurred in the statute which effect mechanic’s liens claims as well as oil and gas claims and public projects.  I have only touched on two of those changes in this blog.  If your company is doing business or planning on doing business in Wyoming it is best that you know the requirements for protecting your lien rights.  Feel free to contact our office with questions regarding the statutory requirements or any other issues you may have doing business in Wyoming.

TITLE 29 Wyoming Statutes
Section 29-2-106 When statement of lien to be filed.
Section 29-2-112 Preliminary Notices

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