Wyoming Lien Waiver Rules
- Rules At A Glance
Specific Form Required
Wyoming provides a statutory lien waiver form that must be used in order to be valid.
Wyoming is one of only three states that specifically requires lien waivers to be notarized in order to be effective.
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,
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.