Wyoming Lien Waivers Guide and FAQs

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Wyoming Lien Waiver FAQs

Wyoming Lien Waivers Overview

Wyoming Lien Waiver Rules


  • Rules At A Glance
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Specific Form Required

Wyoming provides a statutory lien waiver form that must be used in order to be valid.


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Notarization Required

Wyoming is one of only three states that specifically requires lien waivers to be notarized in order to be effective.


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Cannot Waive Rights in Contract

Wyoming law is silent with respect to advance lien waivers in contract, but requires a specific statutory form to waiver lien rights. Therefore, it is unlikely that the statutory form will be in the contract, and the requirements be met prior to work on the job,


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Can Waive Rights Before Payment

As long as the statutory lien waiver form is used and the other requirements met, it appears that Wyoming allows lien rights to be waived prior to payment.

Wyoming is one of 12 states with statutorily required lien waiver forms, and one of only 3 states that requires lien waivers to be notarized in order to be valid.

The lien waiver provided by Wyoming can be found in Wyo. Stat. Sec. 29-10-101. And, Wyoming is unique in that it only has one lien waiver form. While, at first glance, only having one lien waiver form may seem like it simplifies things, it can actually cause confusion and problems for parties attempting to get paid.

For parties that may not be completely familiar with Wyoming lien waiver documents, it can come as a shock that there is only one statutory form, and that form works as an unconditional waiver for the amounts noted on the waiver document.

The Wyoming statutory lien waiver form acknowledges that payment has been received to the extent of the amount contained in the lien waiver. Specifically, the lien waiver text states that the party signing the waiver: “acknowledges receipt of payment for work performed or materials provided and acknowledges that this waiver may be relied upon by the owner” even if the payment is ultimately not made or somehow revoked.

Its important, therefore, for construction participants in Wyoming to make sure that they do not include amount son the lien waiver for which they have not been paid, and to make sure that the payment received has cleared before providing the statutory lien waiver form.

Since there is only one lien waiver form in Wyoming, and that form can waive lien rights for amounts that have not actually been paid, it is crucial to pay attention when completing Wyoming lien waivers, and to make sure that the information contained on the waiver has actually occurred.

Wyoming Lien Waivers FAQs

Wyoming lien waiver rules and requirements can be confusing. It's one of only 3 states that requires lien waivers to be notarized in order to be effective, and there's only one form. This means that there is no distinction between conditional and unconditional waivers in Wyoming, and a party has to be completely sure that payment has been made before submitting a lien waiver if s/he wants to maintain lien rights to recover amounts due.

Wyoming Lien Waiver FAQs

Does Wyoming require a specific statutory lien waiver form?

Yes, Wyoming requires that a specific form provided by statute be used in order for a lien waiver to be effective. Wyoming is unique in that there is only one lien waiver form – so there is no distinction between conditional and unconditional waivers.

What are the requirements for an Wyoming lien waiver? What makes a lien waiver binding?

In order for alien waiver to be effective in Wyoming, it must comply with the required form template, and it must be signed by the party waiving lien rights. Additionally, the payment “tendered by the owner” may not be “dishonored or revoked.”

Are Unconditional Lien Waivers Prohibited in Wyoming?

No, an unconditional lien waiver is valid and enforceable as long as it is signed and complies with the statutory form provided. The Wyoming lien waiver template allows for a party to completely waive lien rights, even if payment is not ultimately made, so it is important to pay attention to the amounts contained on the waiver.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in Wyoming?

No, Wyoming law does not specifically address advance lien waivers. While advance lien waivers are generally looked at with scrutiny, that doesn’t mean that they can’t be effective. In Wyoming, if a lien waiver is completed in the statutory form and signed, it does not matter if that waiver is delivered prior to work or payment.

Must Wyoming lien waivers be notarized?

Yes. Wyoming is one of the three states that specifically requires lien waivers to be notarized. This can be a hassle and add time to the payment process, but non-notarized lien waivers in Wyoming are technical ineffective and not valid.

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Recent Questions & Answers
About Construction Payment In Wyoming

Can you send a preliminary notice to cover the work done for a specific invoice?

If a job started over a month ago and we missed our deadline to send the preliminary notice, but we want to protect the work...

What are our options as a GC in Wyoming if we have not sent any notices yet but have already revcieved partial payments on invoices sent to customer?

We are still on an active project, not having issues yet, but are concerned about possibly only receiving partial payments.

As a general contractor, could a statement about the right to lien in the contract itself serve as a preliminary notice to right to lien?

Just a general question to streamline the process if possible

Free Wyoming Lien Waivers Forms & Templates

Wyoming has a specific lien waiver form that must be used by everyone on a Wyoming construction project. Since it is the only allowable lien waiver form in Wyoming, it should be understood and accepted on any Wyoming construction job.

The forms provided here for free by Levelset match what is required by Wyoming law. You can download them free, or use our free system to send or request your compliant Wyoming lien waiver form.

Free Wyoming Lien Waiver Forms

This Wyoming lien waiver form is compliant with tWyoming's requirements. Make it easy, and use forms from the source you can trust.

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