Wyoming Preliminary Notice Guide and FAQs

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About Wyoming Preliminary Notice

Wyoming Prelim Notice Rules
At A Glance


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Preliminary Notices Are Required

Preliminary Notice to owner of right to file lien required prior to receiving any payment from owner (including advances). Notice of Intent to lien required 20 days prior to filing lien.


20
DAYS
GCs Must Send Notice

Preliminary Notice to owner of right to file lien required prior to receiving any payment from owner (including advances). Notice of Intent to lien required 20 days prior to filing lien.


30
DAYS
Subcontractors Must Send Notice

Preliminary Notice to owner and prime contractor of right to file lien required within 30 days after first providing labor or materials. Notice of Intent to lien required 20 days prior to filing lien.


30
DAYS
Suppliers Must Send Notice

Preliminary Notice to owner and prime contractor of right to file lien required within 30 days after first providing labor or materials. Notice of Intent to lien required 20 days prior to filing lien.


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You Can Not Send Notices Late

Failure to serve either of the required preliminary notices is fatal to the mechanics lien claim.


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Send Notices to Owner?

The preliminary notices must only be served on the property owner (or owner’s agent).

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Preliminary Notice Generally Required

Wyoming, preliminary notice is generally required to preserve a claimant’s right to make a bond claim where the total amount of the general contractor’s contract was $50,000 or more. It is not specifically required that notice be given if the general fails to post a notice at the jobsite citing the relevant law, but it is likely advisable to send notice on all projects where the original contract is more than $50,000, whether or not the general’s notice is posted on the jobsite.


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N/A

On public jobs, any claims for non-payment are made against the general contractor's bond. Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.


60
DAYS
Subs Must Send Notice

In Wyoming, preliminary notice is generally required within 60 days of first furnishing labor or materials in order to preserve a claimant’s right to make a bond claim where the total amount of the general contractor’s contract was $50,000 or more.


60
Days
Suppliers Must Send Notice

In Wyoming, preliminary notice is generally required within 60 days of first furnishing labor or materials in order to preserve a claimant’s right to make a bond claim where the total amount of the general contractor’s contract was $50,000 or more.


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Notice Cannot be Sent Late

When required, preliminary notice is mandatory, and the failure to timely provide preliminary notice is fatal to the claim.


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Send to GC

In Wyoming, preliminary notice should be delivered to the general contractor supplying the bond.

In Wyoming, mechanics lien law requires two different types of preliminary notices for all project participants. The due date for each notice varies. All project participants wishing to file a mechanics lien in Wyoming must first file a Preliminary Notice of Right to Lien with the property owner.

General contractors must provide preliminary notices before receiving any form of payment from the owner. Sub-contractors and suppliers must provide preliminary notice within 30 days of first providing labor or materials.

The secondary, but still just as important, Notice of Intent to lien must be sent no later than 20 days prior to filing a lien claim. All preliminary notices should be sent to the property owner only via certified mail with return receipt requested.

Failure to submit these notices on time will end in a forfeit of lien rights.

Wyoming also requires preliminary notices to be sent on public projects. Preliminary notice is generally required on public works projects of more than $50,000 in order to preserve a claimant’s right to make a bond claim. There are exceptions to this notice requirement, such as it is not specifically required that notice be given if the general fails to post a notice at the jobsite citing the relevant law, but it is likely advisable to send notice on all projects where the original contract is more than $50,000, whether or not the general’s notice is posted on the jobsite.

 

Preliminary Notice Frequently Asked Questions

If you're sending preliminary notices in Wyoming, it's important to get all the details right. If you're receiving prelims, it's important to know what you're looking at and know what to do in followup. Since prelims are subject to a lot of complex rules and requirements, this can all be difficult. Not to mention that the process is tedious for everyone involved. These are some frequently asked questions about the Wyoming preliminary notice process.

Prelim FAQs on Private Projects

Do I Need to Send a Wyoming Preliminary Notice?

Yes. Wyoming requires all lien claimants to serve the property owner with a Preliminary Notice of Right to Lien and a Notice of Intention to File Lien.

When do I Need to Send a Wyoming Preliminary Notice?

NOTICE OF RIGHT TO CLAIM A LIEN:

By General Contractor: Prior to receiving any payment from the owner, including advances.

By Sub/Supplier: Within 30 days after first providing labor and/or materials to the project.

NOTICE OF INTENT TO FILE LIEN:

No later than 20 days prior to filing a Lien Statement.

What if I Send the Wyoming Preliminary Notice Late?

Failure to serve either of the required preliminary notices is fatal to the mechanics lien claim.

How Should the Wyoming Preliminary Notice be Sent?

Both required preliminary notices should be served by certified mail, return receipt requested.

Do I Have to Send the Wyoming Preliminary Notice to Someone Other than the Owner?

No. The preliminary notices must only be served on the property owner (or owner’s agent).

Is the Wyoming Preliminary Notice Requirement met when sent or delivered?

Preliminary notices in Wyoming are considered delivered when sent.

Prelim FAQs on Public Projects

Do I Need to Send a Wyoming Preliminary Notice?

It depends. In Wyoming, preliminary notice is generally required to preserve a claimant’s right to make a bond claim where the total amount of the general contractor’s contract was $50,000 or more. It is not specifically required that notice be given if the general fails to post a notice at the jobsite citing the relevant law, but it is likely advisable to send notice on all projects where the original contract is more than $50,000, whether or not the general’s notice is posted on the jobsite.

When do I Need to Send a Wyoming Preliminary Notice?

In Wyoming, the preliminary notice must be mailed to the general contractor within 60 days from the claimant’s first furnishing of labor and/or materials to the project.

What if I Send the Preliminary Notice Late?

When required, preliminary notice is mandatory, and the failure to timely provide preliminary notice is fatal to the claim.

How Should the Wyoming Preliminary Notice be Sent?

The preliminary notice may be served on the general contractor via certified mail, or another method where the notice is delivered to and actually received by the general contractor. If sent by certified mail, notice is considered effective upon mailing.

To Whom Must the Wyoming Preliminary Notice be Given?

In Wyoming, preliminary notice should be delivered to the general contractor supplying the bond.

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Recent Questions & Answers
About Wyoming Preliminary Notices

Can you send a preliminary notice to cover the work done for a specific invoice?

If a job started over a month ago and we missed our deadline to send the preliminary notice, but we want to protect the work...

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?

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

As a general contractor, could a statement about the right to lien in the contract itself serve as a preliminary notice to right to lien?

Just a general question to streamline the process if possible

How to file a lien in Wyoming

Need to file a Wyoming mechanics lien? File your mechanics lien with Levelset, the lien experts quickly and easily. Or you can follow the 3 steps below to file a lien yourself with Levelset's free information.
Step 2 Download your Wyoming Mechanics Lien Form
Step 3 Find your Wyoming County Recorder
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Wyoming Preliminary Notice Form Template

The Wyoming preliminary notice forms are regulated by statute. This doesn’t mean that any particular form has to look any particular way, but it does mean that the preliminary notice documents must contain certain specifically required information. The forms provided here for free by Levelset are compliant with the Wyoming rules. You can download them for free, or use our system to send or request them easily.

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