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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?

WyomingMechanics LienPreliminary NoticeRecovery OptionsRight to Lien

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

1 reply

Jul 24, 2019
Wyoming requires all construction participants and potential lien claimants to provide preliminary notice in order to retain the ability to file a valid and enforceable mechanics lien. While many states do not require parties who contract directly with the property owner to provide preliminary notice, Wyoming has fairly strict noticing requirements.

In Wyoming, direct contractors must provide the property owner with both a Preliminary Notice of Right to File Lien and a Notice of Intent to Lien in order to maintain lien rights. The Preliminary Notice of Right to File Lien must be provided required prior to receiving any payment from owner (including advances); and, the Notice of Intent to Lien is required to be sent at least 20 days prior to filing lien.

While the failure to provide the notices as required is fatal to a subsequent lien claim, that doesn't mean that the ability to recover payment is completely cut-off. A lawsuit for breach of contract, or potentially pursuant to other cases of action, may be a path to recovery if payment is not forthcoming. Additionally, alternate collection methods, such as use of in-house or an outsourced collections agency may be helpful.
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