Wyoming
Notice of Intent Requirement
Wyoming
Wyoming
Wyoming
Wyoming
Wyoming
Wyoming
Wyoming
Wyoming’s mechanics lien requirements are a little more complex than other states since WY is one of the few states which requires a Notice of Intent to Lien. In Wyoming, all lien claimants must send a Notice of Intent prior to filing their lien claim. This requirement stems from § 29-2-107 of the state’s mechanics lien statute, reproduced further down on this page.
A Notice of Intent to Lien is more than just some notice requirement, though. In fact, it’s an extremely powerful recovery tool in its own right. Because mechanics liens can cause such serious problems, the threat of a lien claim must be taken seriously – and, usually, owners and GCs will want to do what they can to ensure a lien isn’t filed. So, if payment is owed but remains unpaid, a Notice of Intent to Lien could get the job done.
With that being said, there are specific timing, form, and mail requirements, which we’ll explore below. And, using an online platform to help send notices can reduce headaches and stress.
This page will help provide background and context on the Wyoming Notice of Intent to Lien requirements.
Yes. All parties must send a Notice of Intent prior to filing a mechanics lien in Wyoming.
This requirement is established by § 29-2-107 of the state’s lien statute.
The notice must be sent at least 20 days prior to filing a Wyoming mechanics lien. This is twice as long as most NOI states, which usually require notice be sent only 10 days before filing a lien.
As discussed recently at the Levelset Expert Center, this deadline seems to run from the time the notice is sent.
Of course, sending a Notice of Intent to Lien a bit on the earlier side of things could be helpful to force payment before coming down to the wire on a lien deadline.
Wyoming NOIs must be sent to the property owner or the property owner’s agent.
Of course, sending the notice to the GC, project manager, lender, or other top-of-chain party could be helpful, too. If they’re fully aware of the payment disputes on the project, they may be able to intervene and force payment.
Notices of Intent must be sent by certified mail, return receipt requested in Wyoming.
Yes. Failure to send a Wyoming Notice of Intent to Lien on time will usually be fatal to a mechanics lien claim.
Wyoming actually has a form for its Notice of Intent built right into the statute, which we’ve reproduced below.
The form includes:
– Name of the owner
– Date of the notice
– Name of the claimant
– Amount of the claim
– Party who failed to make payment
Here’s the form:
Note to lien claimant: This form, if filled out correctly and sent within the time periods specified in W.S. 29-2-107 constitutes prima facie evidence that you have provided the contents of the notice required by W.S. 29-2-107(a). If you have any questions regarding how to fill out this form or whether it has been filled out properly, you should consult an attorney.
CERTIFIED MAIL, RETURN RECEIPT REQUESTED
To: __________
Record owner or agent of owner (note: If there is more than one (1) owner, use a form for each owner)
Date: __________, 20___
Re: Notice of Intention to File Lien
You are hereby notified pursuant to W.S. 29-2-107 that __________ (hereinafter the “lien claimant”) intends to file a lien against your property.
The amount of the lien claim is $__________. This amount is due from __________ (person/entity whose actions have caused a lien to be filed) pursuant to a contract with the lien claimant under which the lien claimant performed work or supplied materials for the work.
If we are unable to resolve this matter within twenty (20) days from the date of this notice, the lien claimant intends to file the lien statement asserting a lien against your property.
cc: __________
__________
__________
No.
Wyoming’s Notice of Intent requirements stem from the state’s mechanics lien laws for private projects, and the regulations regarding claims on public jobs don’t have an NOI requirement.
With that being said, sending a Notice of Intent could lead to payment, even if the document isn’t specifically required by statute. More on how NOIs can help on public jobs here: Do I Need to Send a Notice of Intent Before Making a Construction Bond Claim?
I am about to send a NOI to one of our customer and I see that I have to send that 20 days before filing...
Compliant with Wyoming statutes and applicable for jobs in any Wyoming county.
Fill out the form to download your free Wyoming Notice of Intent to Lien Form. You can fill out the form with a PDF editor,...
Wyoming’s lien statute can be found at 29‑1‑103, et seq. The specific rules for sending Notices of Intent are set out at § 29-2-107.
You can read the law directly from the Wyoming legislature here. Additionally, Levelset has those statutes reproduced on this page: Wyoming Mechanics Lien Guide, FAQs, and Statute.
(a) Before filing a lien pursuant to this chapter a lien claimant shall send written notice to the record owner or his agent of any claim against real property, a building or an improvement stating the amount of any claim and from whom it is due. The notice shall be sent no later than twenty (20) days prior to filing a lien statement.
(b) The notice under this section shall be in substantially the same format and contain the same information as the notice form specified in W.S. 29-10-102. The notice forms shall be made available and may be obtained at the county clerk’s office of each county.
(a) Notice of intention to file a lien shall be sent to the record owner of the property against which the lien may be filed, or his agent and shall be completed in substantially the following form:
Note to lien claimant: This form, if filled out correctly and sent within the time periods specified in W.S. 29-2-107 constitutes prima facie evidence that you have provided the contents of the notice required by W.S. 29-2-107(a). If you have any questions regarding how to fill out this form or whether it has been filled out properly, you should consult an attorney.
CERTIFIED MAIL, RETURN RECEIPT REQUESTED
To: __________
Record owner or agent of owner (note: If there is more than one (1) owner, use a form for each owner)
Date: __________, 20___
Re: Notice of Intention to File Lien
You are hereby notified pursuant to W.S. 29-2-107 that __________ (hereinafter the “lien claimant”) intends to file a lien against your property.
The amount of the lien claim is $__________. This amount is due from __________ (person/entity whose actions have caused a lien to be filed) pursuant to a contract with the lien claimant under which the lien claimant performed work or supplied materials for the work.
If we are unable to resolve this matter within twenty (20) days from the date of this notice, the lien claimant intends to file the lien statement asserting a lien against your property.
cc: __________
__________
__________