Wyoming

Lien Law Overview

Wyoming lien laws apply broadly to both residential and non-residential construction projects and are governed by the Revised Wyoming Statutory Lien Act (WSLA) under Wyo. Stat. Ann. § 29-1-201 et seq. and § 29-2-201 et seq.

Mechanics lien rights are strictly enforced, and a lien may attach to buildings, improvements, and real property interests including fee estates, leaseholds, and easements. Lien rights relate back to the date of commencement of work, which is critical for establishing priority.

Note: Wyoming law requires that lien claimants operate under written contracts and follow specific notice and filing procedures to preserve lien rights.

Lien Waivers

Lien Waiver Summary

Wyoming provides a single statutory lien waiver form. When used correctly, this form serves as proof that lien rights are waived. This document must be used in the format provided by the statute without modification.

Best Practice: The single lien waiver is unconditional, meaning the party must have already received payment. Lenders should ensure waivers are collected after each disbursement using the statutory forms.

* Wyoming provides a single statutory lien waiver form under Wyo. Stat. § 29-10-101. Unlike other states, Wyoming does not provide separate forms for conditional vs. unconditional waivers or progress vs. final payments. As a result, the form functions as an unconditional waiver and should only be used after payment has been received.

The statutory language must be used without material modification, and parties may clarify whether the waiver applies to progress or final payment by adjusting the amount and property description.

Lenders and owners should avoid collecting this form in advance of payment, as it may inadvertently release lien rights prematurely.

Wyoming is one of two states that require Notarization of its lien waiver.

Are title companies required by law to manage construction loan disbursements?

No. Wyoming does not require title companies to manage disbursements. This remains at the discretion of the lender.

Can a mechanics lien have priority over a pre-existing mortgage in Wyoming?

No, except in specific circumstances. A lien relates back to the commencement of work. Therefore, if work starts before the construction loan is consummated and the mortgage is not yet perfected, a mechanics lien may have priority. However, if the construction loan was properly recorded before work began, it maintains priority over later-filed liens.

Wyoming Construction Lending Documents Kit

Download the Wyoming documents kit by filling out the form. The package includes the following:

Disclaimer: These forms are provided for informational purposes only and are not intended to be legal advice or establish an attorney-client relationship. They are posted ‘as is’ and we do not warrant that they are the most current version. Users of these forms should consult their legal counsel before using for their particular transaction.

• Wyoming Lien Waiver
• Notice of Substantial Completion

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