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Our company provides environmental consulting. We havent utilized liens before and are unsure if we would qualify?

WyomingRight to Lien

Our company provides environmental consulting. We currently have a project/client that we would like to protect ourselves with a lien. However, we are unsure if we would be able to. The location of the project is in Wyoming/Sheridan, Gillette, and Douglas. The type of service on this project is environmental surveys. A little bit of permitting, but as of now it has been vegetation, wetland, and cultural resource surveys. Would we qualify?

1 reply

Apr 4, 2019

This is an interesting question. The State of Wyoming provides lien rights to a broad spectrum of individuals on a construction project. The statute specifically states that lien rights are available to contractors, subcontractors, and materialman who perform work or furnish materials to a building or improvement. The statute also provides a definition for the term "contractor" which includes architects, professional engineers, and surveyors. It is unclear if this is limited to property surveyors or includes all other types. Since environmental surveyors are still providing professional services to a construction project, a solid argument could be made that they do in fact qualify for lien protection as well. Contracting a local construction attorney may help clarify this issue. Regardless, there are many other options available. A claimant may consider sending a Preliminary Notice and a Notice of Intent to Lien to an owner. This can be a useful option to get seen on a project and encourage payment, and these documents can be sent regardless of whether a lien claim could or ever would be filed. There are also other "non-lien-related" options as well. Payments may still be recovered through breach of contract, unjust enrichment, or quantum meruit claims.

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