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Wyoming Bonded Project / Prime Contractor Preliminary Notices and Prime Contractor Subconstractor Notice Requirements

Wyoming

Hello. My company is a supplier out of Montana and we are supplying cabinets into Yellowstone National Park in Wyoming. I am curious, on this government bonded project over $150,000, if the prime contractor subs out a part of their project to a subcontractor to provide materials/labor, do we send out a preliminary notice to the prime contractor within 60 days of the subs first purchase? This sub contractor is a new account and just started purchasing items for this project so does that still meet the 60 day requirement even if the prime contractor has been purchasing for about a year? Also we did not realize the prime contractor was going to be purchasing a large amount of material from us and missed the 60 day filing date, plus I wasn't aware Wyoming law requires the prime contractor to receive a preliminary notice for their purchases. In MT, we only send the Notice of Right of Action on Security when a sub makes purchases on a government bonded project and the document is sent to the general (prime) contractor. Is there any other recourse for us against the bond if there are problems collecting from the general? Or when it says 60 days does this mean the last 60 days worth of invoices are covered by the notice and then any new purchases or is it truly first purchase by the prime contractor starts the 60 day clock? Also how about a future situation of a prime contractor doing a job for under $150,000, do we automatically have rights against the bond or have to file a preliminary notice in that case? Thanks for any information you can give me.

3 replies

Mar 19, 2021
Dear Montana Supplier, Yellowstone National Park is a federal project. So you would need to follow the federal Miller Act payment bond notice requirements rather than the State of Wyoming notice requirements. Would you like more information about the Miller Act and complying with its notice requirements? Jason (Wyoming Construction Lawyer)
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Mar 19, 2021
Yes please.
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Mar 19, 2021
Levelset has a good explanation of the Miller Act payment bond claim process (https://www.levelset.com/blog/miller-act/#Step_1_Deliver_Miller_Act_Notice_to_Prime_Contractor). If after reviewing this information you still have questions, please let me know.
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