Wyoming Bond Claim Guide and FAQs

File Your Wyoming Bond Claim & Get Paid!

File AÂ Bond Claim Now
Wyoming-Bond-Claims

Wyoming Bond Claim Overview

Wyoming

Preliminary Notice Deadlines
None / not applicable.

Wyoming

Bond Claim Deadlines
Prime contractors cannot file a claim against their own bond.

Wyoming

Preliminary Notice Deadlines
60 Days

If required, within 60 days from the claimant’s first furnishing of labor and/or materials to the project for Bond Claim.

Wyoming

Bond Claim Deadlines
20 Days

Bond Claim delivered at same time suit is initiated. Suit must be initiated within 1 year after the date of first publication of notice of final payment of the contract on Dept. of Administration and Information projects. For all other projects, the language of the bond controls.

Wyoming

Preliminary Notice Deadlines
60 Days

If required, within 60 days from the claimant’s first furnishing of labor and/or materials to the project for Bond Claim.

Wyoming

Bond Claim Deadlines
20 Days

Bond Claim delivered at same time suit is initiated. Suit must be initiated within 1 year after the date of first publication of notice of final payment of the contract on Dept. of Administration and Information projects. For all other projects, the language of the bond controls.

Wyoming Bond Claim FAQs

Claim FAQs

Who is protected under Wyoming Bond Claim Laws?

In Wyoming, protection to parties on public projects is fairly broad. On projects with all public entities other than the Department of Administration and Information, all furnishers of labor and/or materials actually used in the execution of the contract are protected. This presumably applies to any tier, and suppliers to suppliers, as well. For projects with the Department of Administration and Information first tier subs and suppliers to the general contractor are explicitly covered, but second-tier subs and below and suppliers to suppliers may not have protection.

When is the deadline to file a Wyoming Bond Claim?

In Wyoming, the bond claim must only be delivered at the same time that the claimant begins an action against the bond.

Who should receive the Wyoming Bond Claim?

In Wyoming, the bond claim must be given to the contracting public entity. It may also be advisable to send notice of the claim to the general contractor, as well.

When is the deadline to initiate suit, or, how long is my Wyoming Bond Claim effective?

On projects with all public entities other than the Department of Administration and Information, there is no specified time limit in which suit must be initiated. It is therefore advisable to obtain a copy of the bond, to determine what time restrictions are included therein, or follow the guidelines for Dept. of Administration and Information projects. On Dept. of Administration and Information projects, the action must be initiated within 1 year after the date of first publication of notice of final payment of the contract. No judgment may be entered until at least 30 days after notice of the bond claim was given.

What must the Wyoming Bond Claim include?

The notice of bond claim must inform the oblige of the beginning of the action, identify the names of the parties (contracting public agency, general contractor, hiring party, claimant), describe the guaranty of bond, and state the amount and nature of the claim.

How must the Wyoming Bond Claim be sent?

Wyoming has no specific provision detailing how the notice of bond claim must be delivered. However, it is likely advisable to send the bond claim by certified and regular mail.

Need More Help with Wyoming Bond Claims? We're Here.

Ask an expert for free

Check out our payment experts
Construction attorneys: Courtney Stricklen, Christopher Ng, Andrea Goldman, and Peter Ryan

Recent Questions & Answers About Wyoming Claims

Requirements for submitting Stop Notice/bond claim

Does a Subcontract need to be executed for a project located in CA, in order to submit a Stop Notice/bond claim?

Suing a Surety Bond Company

We had a contractor take our money to build a garage and all he did was put up 3 walls then walk away from the...

Claim against bond

I need to file a Claim against a bond on a School Project in Maryland. I cannot seem to find the Maryland Little Milller Act...

How to file a lien in Wyoming

Need to file a Wyoming mechanics lien? File your mechanics lien with Levelset, the lien experts quickly and easily. Or you can follow the 3 steps below to file a lien yourself with Levelset's free information.
File with the Mechanics Lien Experts
We’re the Mechanics Lien experts. With us it’s fast, easy, affordable, and done right!
File Now

Want to Learn More about How Wyoming Contractors Pay?
Caliber Construction
Rating 5.0
C
Payment Score
75 / 100
View
Tri Mountain Homes
Rating 5.0
B
Payment Score
83 / 100
View
Hensel Phelps
Rating 4.9
C
Payment Score
75 / 100
View
Adolfson & Peterson Construction
Rating 4.4
C
Payment Score
64 / 100
View
See other Lists of Contractors and How to Best Work With Them

Wyoming Bond Claim Free Forms

Notice of Intent to Make Bond Claim Form - free from

Notice of Intent to Make Bond Claim Form

A Notice of Intent to Make Bond Claim is not a required document, but it can be a powerful one. By sending this notice, a...

Get Form Now

Wyoming Bond Claim Statutes

When you perform work on a state construction project in Wyoming, and are not paid, you can file a “lien” against the project pursuant to Wyoming’s Little Miller Act. Since the claim is not against the state or county’s actual property, but instead against a posted bond, the claim is not really called a “lien” but is more frequently referred to as a “bond claim” or “little miller act claim.” Wyoming’s Little Miller Act is found in Wyoming Statutes, Title 16, Chapter 6, Article 1: Public Works and Contracts, and is reproduced below.

Wyoming's Little Miller Act

16-6-112. Contractor's performance and payment bond or other guarantee; when required; conditions; amount; approval; filing; enforcement upon default

(a) Any contract entered into with a public entity for a public work where the contract price exceeds now hundred fifty thousand dollars ($150,000.00) shall require any contractor before beginning work under a contract to furnish the public entity a bond. If the contract price is for one hundred fifty thousand dollars ($150,000.00) or less, the public entity may require the contractor to furnish any other form of guarantee approved by the public entity. The bond or other form of guarantee shall be:

(i) Available and with such conditions that allow for the payment of all taxes, excises, licenses, assessments, contributions, penalties and interest lawfully due the state or any political subdivision;

(ii) For the use and benefit of any person performing any work or labor or furnishing any material or goods of any kind which were used in the execution of the contract, conditioned for the performance and completion of the contract according to its terms, compliance with all the requirements of law and payment as due of all just claims for work or labor performed, and materials furnished in execution of the contract;

(iii) In an amount not less than one hundred percent (100%) of the contract price unless the price is one hundred fifty thousand dollars ($150,000.00) or less, in which case the public entity may fix a sufficient amount.

(iv) Approved by and filed with the appropriate officer, agent, governing body, or other designee of the public entity.

(b) A bond or other guarantee satisfactory to the public entity shall include the obligations specified under subsection (a) of this section even though not expressly written into the guarantee.

(c) In default of the prompt payment of all obligations under the guarantee, a direct proceeding may be brought in any court of competent jurisdiction by the authorized officer or agency to enforce payment. The right to proceed in this matter is cumulative and in addition to other remedies provided by law.

Back to Top

16-6-113. Contractor's performance and payment bond or other guarantee; right of action; notice to obligee; intervention by interested parties; pro rata distribution

Any person entitled to the protection of a bond or other form of guarantee approved by a public entity under W.S. 16-6-112 may maintain an action for the amount due him. He shall notify the obligee named in the bond or other guarantee of the beginning of the action, giving the names of the parties, describing the guarantee and stating the amount and nature of his claim. No judgment shall be entered in the action within thirty (30) days after the giving of the notice. The obligee or any person having a cause of action may on his motion, be admitted as a party to the action. The court shall determine the rights of all parties to the action. If the amount realized on the bond or other guarantee is insufficient to discharge all claims in full, the amount shall be distributed among the parties pro rata.

Back to Top

16-6-114. Contractor's performance and payment bond or other guarantee; requiring new or additional bond or other guarantee; failure to furnish

If in its judgment any of the sureties on a bond or other form of guarantee approved by the public entity under W.S. 16-6-112 are insolvent or for any cause are no longer proper or sufficient sureties, the obligee may within ten (10) days require the contractor to furnish a new or additional bond or other approved guarantee. If ordered by the obligee, all work on the contract shall cease until a new or additional bond or other guarantee is furnished. If the guarantee is not furnished within ten (10) days, the obligee may at its option terminate the contract and complete the contract as the agent and at the expense of the contractor and his sureties.

Back to Top

16-6-115. Contractor's performance and payment bond or other guarantee; limitation of actions.

No action shall be maintained on any bond or other form of guarantee satisfactory to the public entity under W.S. 16-6-112 unless commenced within one (1) year after the date of final completion of the public work as provided in W.S. 16-6-116(a)(iv).

Back to Top

16-6-116. Payment to contractor; substantial completion; final completion; required notices

(a) When any public work is let by contract, the public entity under whose direction or supervision the work is being carried on and conducted shall:

(i) Issue a certificate of substantial completion after determination that the public work, or designated portion thereof the public entity agrees to accept separately, is substantially complete;

(ii) Upon issuance of certificate of substantial completion, cause notice to be published in a newspaper of general circulation, published nearest the point at which the work is being carried on, once a week for two (2) consecutive weeks, and posted on the state procurement website or the public entity’s official website. The notice shall set forth in substance that the public entity has accepted the work, or designated portion thereof, as substantially complete according to the contract and associated documents and that the general contractor is entitled to payment as provided in paragraph (iii) of this subsection upon the 41st day (and the notice shall specific the exact date) after the notice was first published and posted. If the contract provides for multiple substantial completions, this paragraph shall apply to each substantial completion designated in the contract;

(iv) Issue a certificate of final completion after the determination that the contract is fully performed and all portions of the public work are acceptable under the contract and associated documents. Any amounts withheld under paragraph (iii) of this subsection for the portion of the public work that was determined incomplete or not in accordance with the contract and associated documents and due under the contract shall be paid to the general contractor. The public entity shall post the date of final completion for the public work on this state procurement website or the public entity’s official website.

(b) This section does not relieve the general contractor and the sureties on his bond from any claims for work or labor done or materials or supplies furnished in the execution of the contract.

(c) The public entity shall proved a written notice of the requirements of this section in the project specifications.

Back to Top

16-6-117. Payment to contractor; prerequisite filing of contractor's statement of payment; disputed claims

In all contracts entered into by any person with a public entity for a public work, no payments under W.S. 16-6-116(a) shall be made until the person files with the public entity with which the contract has been made, a sworn statement setting forth that all claims for material, supplies and labor performed under the contract have been paid for the untied period of time for which the payment is to be made. If any claim for material, supplies to labor is disputed the sworn statement shall so state, and the amount claimed to be due to the subcontractor or materialmen may be filed by the claimant as a claim against the general contractor’s surety bond. Payment to the general contractor under W.S. 16-116(a) shall be paid without regard to any pending claims against the general contractor’s surety bond unless the public entity has actual knowledge that the sure bond is deficient to settle known present claims, in which case an amount equal to the disputed claims may be withheld.

 

the state, or any department or commission thereof, or with any county, city, town, school district, high school district, or other public corporation of this state, for the construction of any public building, or the prosecution and completion of any public work, or for repairs upon any public building or public work, no final payment shall be made until the person files with the officer, department or commission of the state, or with the clerk of the county, city, town or school district, or with a similar officer of any other public corporation by which the contract has been made, a sworn statement setting forth that all claims for material and labor performed under the contract have been and are paid for the entire period of time for which the final payment is to be made. If any claim for material and labor is disputed the sworn statement shall so state, and the amount claimed to be due the laborer shall be deducted from the final payment and retained by the state, county, city, town or school district authority or public corporation until the determination of the dispute, either by judicial action or consent of the parties, and then paid by the agent or agency to the persons found entitled thereto.

Back to Top

16-6-118. Unlawful interest of officeholders in public contracts or works; exception.

(a) It is unlawful for any person, now or hereafter holding any office, either by election or appointment, under the constitution or laws of this state, to become in any manner interested, either directly or indirectly, in his own name or in the name of any other person or corporation, in any contract, or the performance of any work in the making or letting of which the officer may be called upon to act or vote. It is unlawful for any officer to represent, either as agent or otherwise, any person, company or corporation, in respect of any application or bid for any contract or work in regard to which the officer may be called upon to vote or to take or receive, or offer to take or receive, either directly or indirectly, any money or other thing of value, as a gift or bribe, or means of influencing his vote or action in his official character. Any contracts made and procured in violation of this subsection are null and void and the person violating this subsection may be removed from office.

(b) Notwithstanding subsection (a) of this section, an act shall not be unlawful under this section if any person who is interested in any public contract or who represents any person, company or corporation interested in any public contract discloses the nature and extent thereof to all contracting parries concerned therewith, absents himself during the considerations and vote thereon, does not attempt to influence any of the contracting parties and does not act directly or indirectly for the public entity in the inspection, operation, administration or performance of any contract. This section does not apply to the operation, administration, inspection or performance of banking and deposit contracts and relationships after the selection of a depository.

Back to Top

16-6-119. (Effective Until 10/1/2020) State construction; right to reject bids or responses; qualifications of bidders and respondents

Every public entity shall be authorized to determine the qualifications and responsibilities of bidders or respondents on contracts for public works and may reject any or all bids or responses based on the qualifications and responsibilities of bidders and respondents and readvertise for bids or responses.

Back to Top

16-6-119. (Effective On 10/1/2020) State construction; right to reject bids or responses; qualifications of bidders and respondents

Every public entity shall be authorized to determine the qualifications and responsibilities of bidders or respondents on contracts public works and may reject any or all bids or responses for which it solicits based on the qualifications and responsibilities of bidders and respondents and readvertise for bids and responses.

Back to Top

16-6-120. Rulemaking; penalties; enforcement.

(a) The department of workforce services shall promulgate rules and regulations as the department determines necessary or convenient to enforce this act.

(b) Unless punishable under subsection (c) of this section, an individual or a business entity and any officer or member thereof that intentionally falsifies information under this act shall be:

(i) Fined seven hundred fifty dollars ($750.00) for each violation for each day during which the violation continues;

(ii) Barred from bidding on any contract subject to the provisions of this act or submitting any request for proposal on any project subject to the provisions of this act for one (1) year from the date the violation is corrected.

(c) Any person who signs an affidavit submitted to the department pursuant to W.S. 16-1-101(a), knowing any information contained therein is false, shall be guilty of false swearing punishable as a felony in accordance with W.S. 6-5-303(a).

(d) The department of workforce services is authorized and directed to enforce W.S. 16-6-101 through 16-6-206.

(e) In the event a contractor fails to comply with an order from the department, the director shall refer the matter to the appropriate district or county attorney for enforcement of the department’s order. Back to Top

16-6-121. Notice required to receive protection under a bond or guarantee; limitation; notice required by owner in project specifications.

(a) Any subcontractor or materialman entitled to the protection of a bond or other form of guarantee approved by a public entity under W.S. 16-6-112 shall give notice of his right to that protection to the general contractor. Failure to give notice to a general contractor who has complied with subsections (f) and (g) of this section waives the subcontractor or materialman’s protection under the bond or guarantee.

(b) The notice shall be given no later than sixty (60) days after the date on which services or materials are first furnished.

(c) The notice shall be sent to the general contractor by certified mail, electronic means or delivered to and receipted by the general contractor or his agent. Notice by certified mail or electronic means is effective on the date the notice is mailed or sent electronically.

(d) The notice shall be in writing and shall state that it is a notice of a right to protection under the bond or guarantee. The notice shall be signed by the subcontractor or materialman and shall include the following information:

(i) The subcontractor or materialman’s name, address and phone number and the name of a contact person;

(ii) The name and address of the subcontractor’s or materialman’s vendor; and

(iii) The type or description of the materials or services provided.

(e) This section shall only apply where the general contractor’s contract is for an amount exceeding one hundred and fifty thousand dollars ($150,000.00).

(f) The general contractor shall post on the construction site a prominent sign citing this section and stating that any subcontractor or materialman shall give notice to the general contractor of a right to protection under the bond or guarantee and that failure to provide the notice shall waive the subcontractor or materialman’s protection under the bond or guarantee.

(g) The owner or his agent shall provide written notice of the information required by this section in the project specifications.

Back to Top

Helping Thousands of Wyoming Contractors Like You
With Bond Claims & Getting Paid