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mechanics lien after deadline

WyomingLien DeadlinesMechanics LienPayment Disputes

Hello, We completed a project more than 150 days ago. We were approved for a change order for additional work by the General Contractor in writing. The General Contractor is refusing to pay us because the project Owner is refusing to pay them for our and other subcontractor change orders. We were just informed of the project Owner refusing to pay. Up til this point we were told that all parties were working on it and that payment was expected to be made. I understand that the State of Wyoming requires that the mechanics lien be filed within 150 days from last working on the project. This date passed before we were notified about the Owner refusing to pay. I spoke with a different general contractor and they think that because we were told that we would be paid up until after the 150 days expired, that the 150 days to file a lien should start essentially now. What are your thoughts?

1 reply

Dec 19, 2017
In Wyoming, the deadline to file is 150 days from the last date on which labor and/or materials were furnished for parties who contracted directly with the owner (general contractors, architects, engineers, and surveyors). However, for subcontractors, suppliers, or other parties who contracted with someone other than the property owner (such as the general contractor), the deadline to file is 120 days from the last date of furnishing or 120 days from the completion of the project - whichever is earlier. The lien filing deadline is not altered by a verbal promise of payment. Wyoming is pretty unique in that it explicitly provides for the extension of the filing period, but in order to do so the owner and general contractor must agree to the extension and it must be notarized and filed with and recorded by the county clerk. If agreed to, the extension could allow for up to 240 days extended for filing a lien. Unfortunately, since it appears as though lien rights may have already expired, convincing the owner and GC to extend the lien deadline would be an uphill battle.
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