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Whether you鈥檙e a general contractor (GC), subcontractor, or property owner, understanding Wyoming lien waivers is crucial. These essential documents function as receipts acknowledging payment up to a specific amount, thereby waiving the party鈥檚 right to file a lien against the property for that amount. While the concept is straightforward, the practical application of lien waivers can be complex.
Several types of lien waivers exist, each requiring submission at specific times during a project. (For a deeper dive into lien waiver basics, refer to The Ultimate Guide to Construction Lien Waivers for Subcontractors.) Moreover, lien waiver requirements vary by state, with each jurisdiction setting its own rules regarding valid forms, contents, and enforcement.
Understanding these nuanced requirements is important for subcontractors to maintain compliance, prevent payment disputes, and protect their financial interests. So grab your hard hat, and let鈥檚 dive into the world of Wyoming lien waivers!
(For more general information on lien waivers, check out this on-demand webinar: End the Whack-a-Mole: Lien Waiver Best Practice for Subs.)
In Wyoming, one of just 12 states that regulate lien waivers with a , construction teams must follow state regulations to a tee or sacrifice their leverage for fair, timely payment. Matching a lien waiver form 鈥渟ubstantially鈥� in both content and format to the state-mandated document is standard practice here.聽
Wyoming provides strict rules about timing for the statutory form; they can only be exchanged 鈥渋n consideration of the payment received to date.鈥� This means Wyoming lien waivers are by nature unconditional, and should only be submitted by the claimant after payment clears in the bank. If you submit the lien waiver before you鈥檙e paid, you relinquish your leverage and risk entering into messy payment situations. The language in this lien waiver form also assures you that by signing one document according to the payment you鈥檝e received for work completed, you won鈥檛 relinquish your future lien rights on the project.聽
Here鈥檚 where things can get tricky. At the end of this lien waiver form, the claimant acknowledges receipt of payment鈥攅ven if complications come up: 鈥淭his waiver may be relied upon by the owner even if the undersigned accepts payment in uncertified funds and such payment is subsequently dishonored or revoked.鈥� This creates a situation where, due to the form's language, lien rights can be effectively lost even if actual payment is not fully secured. Meaning, if payment bounces or is rescinded, the lien waiver remains valid and enforceable.
Therefore, while the statutory form technically allows for the waiver to be valid prior to guaranteed payment, it is extremely risky and strongly discouraged to provide the waiver before funds are verified. It鈥檚 essential to always:
- Review the contract and statutory lien waiver form to understand the potential risks; and
- Ensure payment clears in your bank account before exchanging lien waivers in Wyoming.
Some other key points you need to know before drafting Wyoming lien waivers:
- Alongside only Texas and Mississippi, Wyoming requires that all lien waivers be notarized. (Don鈥檛 forget this step; your waiver isn鈥檛 legitimate without it.)聽
- Before exchanging lien waivers, a Notice to Owner is required. GCs and subcontractors must prepare and deliver this notice to the owner within 30 days of project commencement or material purchase. The Notice to the Owner asserts lien rights and establishes the claimant's role in the project. It must comply with specific statutory requirements regarding content and delivery to be effective.
Wyoming provides a specific, statutory .
Wyoming鈥檚 lien waiver form inherently functions as an unconditional lien waiver. This is the only type of lien waiver parties should provide.
Wyoming lien waivers must be notarized.
Lien waivers in Wyoming are valid only if they:
- are preceded by a Notice to Owner
- are in writing
- 鈥渟ubstantially鈥� follow the outlined format and content
- are exchanged after payment for work performed or materials furnished
- are signed by the claimant and notarized
Wyoming lien rights are primarily controlled by the statutory form, limiting the ability to waive those rights within the contract itself.
In Wyoming, lien rights can be waived prior to payment, but only if the statutory form is used and all other requirements are met.
Completing Lien Waivers in Siteline
- Create, monitor, and track all your lien waivers in one place.
- Automatically fill out and send the right waiver at the right time.
- Request lower-tier lien waivers from all your sub-tier contractors, vendors, and suppliers鈥攊ndividually or in bulk.
- Securely collect e-signatures, with automatic reminders for any unsigned waivers.
- Package and submit signed waivers to your GCs directly within Siteline.
Wyoming for construction teams to use. This form functions as an unconditional waiver, as the law stipulates it must be exchanged after parties are paid for work performed or materials furnished. Your Wyoming lien waiver must match the content and format 鈥渟ubstantially鈥� to be valid. Using a different form puts your lien rights at risk.
For a valid, enforceable lien waiver in Wyoming, these steps need to be followed:
- For partial unconditional and final unconditional lien waivers, forms must 鈥渟ubstantially鈥� follow the format and content of .
- Fields include, but are not limited to, payment amount, date signed, county name, title, and project.
- Lien waivers must be exchanged 鈥渋n consideration of the payment received to date.鈥�
- A Notice to Owner should precede the lien waiver and be delivered within 30 days of the project鈥檚 start.
- The lien waiver must be signed by the claimant and notarized.
Construction teams need to follow to exchange lien waivers in Wyoming:
- Notice to Owner: Within 30 days after the start of labor or purchase of materials, construction contractors must fill out a 鈥減reliminary notice of right to a lien,鈥� and then send it to the property owner. The form must match content outlined in state statutes 鈥渟ubstantially.鈥�
- Lien Waiver: After you鈥檙e paid for work performed or materials furnished, Wyoming lien waivers are exchanged. These documents must follow the format 鈥渟ubstantially鈥� as well.
In Wyoming, lien rights are only waived 鈥渋n consideration of the payment received to date.鈥� The state offers one lien waiver form that inherently functions as an unconditional聽waiver for progress payments鈥攖he fine text notes that laborers will retain their lien rights聽
for any future project work, which is excellent news. This form can also be flexed into a document for the final project payment.
Let鈥檚 break down the two lien waiver subtypes you can exchange with Wyoming鈥檚 statutory form:
- A partial unconditional waiver should ideally be exchanged after you receive payment for the specified amount, thus allowing you to waive your right to file a lien on this portion of the project. (If you exchange this waiver before being paid for a Wyoming construction job, you surrender your primary leverage for securing payment鈥攁nd violate state law.)
- Lastly, a full unconditional waiver should be exchanged after full payment has been received from the GC, including retention and fees. This waives all of your lien rights on the project.
(If you鈥檙e wondering which lien waivers are right for your construction project, review this comprehensive guide.)
While Wyoming state law does not explicitly ban lien waiver provisions in the contract, the state requires parties to use a specific, statutory lien waiver form. It's unlikely that courts would uphold any contractual provisions that attempt to nullify lien rights because the required lien waiver form comes after the contract.
That being said, owners could technically include Wyoming鈥檚 statutory lien waiver form within the contract and ban lien rights before project work begins鈥攖hough, this is a rare occurrence. Regardless, do your due diligence and review the contract to ensure no sneaky contractual provisions attempt to take away your leverage to secure payment down the road.
No one wants to be in a legal dispute, but it鈥檚 important to be prepared if there鈥檚 an issue with your Wyoming lien waiver.
The first step we鈥檇 recommend: Read through the lien waiver form and contract to build a case around lien waiver terms. If arbitration agreements don鈥檛 pan out, consider consulting with a construction law attorney who is familiar with Wyoming lien laws.
Wyoming lien waivers can be confusing, but they don鈥檛 have to be. Start familiarizing yourself with resources that will prove helpful on the job:
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Automate the process with Siteline. Contractors use our lien waiver tool to digitize all of their lien waiver forms (primary and vendor), send waiver requests to lower-tier contractors and vendors, collect e-signatures, and submit completed waivers to their clients鈥攚ithout ever leaving the system. Siteline even provides centralized tracking to help contractors monitor vendor waiver statuses to see who鈥檚 received the form, who鈥檚 opened it, and who has (or hasn鈥檛) signed. This means contractors can collect waivers faster while eliminating payment delays caused by compliance holds.
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. We recommend you consult a qualified attorney for advice specific to your situation.