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What happens when a house takes longer to build than 120 days?

In new home construction, I typically do work during the rough building of the home and then again when its time to finish the house. Usually I bill 80% after the rough and the remaining after the finish. Should I be sending 2 preliminary notices and intent to liens or how exactly should I be doing this? What if the house takes longer than 120 days to finish? If I've been paid for the rough and the 120 days passes, how would I go about filling for the trim?

1 reply

Jan 8, 2019

Calculating mechanics lien deadlines can be tricky, especially if work is done on either side of a large gap of time. Generally, the rule for deadline calculation purposes is that work performed pursuant to the same contract and on the same work of improvement is all part of the same work for lien purposes, with only one deadline associated.

In Wyoming, however, there is a special rule related to work performed in parts. Section 29-1-403 of Wyoming Lien Law for Contractors or Materialmen states that:

"Work or materials furnished considered done under same contract; exceptions. All work performed or materials furnished by a lien claimant shall be considered as having been done under the same contract *unless more than one hundred eighty (180) days elapse from the date of the performance of any work or the furnishing of any materials and the date when work or materials are next performed or furnished* by the lien claimant. [emphasis added]

Accordingly, in Wyoming if work is to be provided surrounding a gap of more than 180 days, it is treated as work under two separate contracts for lien purposes. This would mean that there would likely be two notices and two liens required, with two separate deadlines.

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