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General contractors must send notice on private projects.
Preliminary Notice to owner of right to file lien required prior to receiving any payment from owner (including advances).
General contractors are not required to submit notice on public projects.
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.
Subcontractors and suppliers must submit preliminary notice on private projects.
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.
Subcontractors and suppliers must send notice on public projects.
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 $150,000 or more.
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.
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.
Failure to serve either of the required preliminary notices is fatal to the mechanics lien claim.
Both required preliminary notices should be served by certified mail, return receipt requested.
No. The preliminary notices must only be served on the property owner (or owner’s agent).
Preliminary notices in Wyoming are considered delivered when sent.
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 $150,000 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 $150,000, whether or not the general’s notice is posted on the jobsite.
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.
When required, preliminary notice is mandatory, and the failure to timely provide preliminary notice is fatal to the claim.
The preliminary notice may be served on the general contractor via certified mail, electronic means, or another method where the notice is delivered to and actually received by the general contractor. If sent by certified mail or electronic means, notice is considered effective upon mailing/sent electronically.
In Wyoming, preliminary notice should be delivered to the general contractor supplying the bond.
The check is in the mail is the oldest go to excuse to put off paying a debt. If possible and feasible go visit the owner and demand a replacement check. If you can not do that or get another excuse, you should consult a collection agency licensed and bonded to collect B2B debts in WY who is a member of the Commercial Collection Agencies of America CCAofA. Feel free to call or email srauch@rauchmilliken.com for a free quote. Best regards, Steve
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.
First, read the guide to preliminary notices in Wyoming. The guide will walk you through what you need to know about the notice, as well as which information you need to include, when you need to send it, and who you need to send it to.
After you read the guide, download a free preliminary notice form. Our free forms were create by construction attorneys to meet the specific language and formatting requirements under Wyoming construction law. Download the Wyoming preliminary notice form here.
Make sure you do this right! Mistakes on your Wyoming preliminary notice could mean you lose your right to file a mechanics lien if you need to. Triple check the information you provide to ensure the form is 100% accurate.
Preliminary notices in Wyoming must be sent by certified mail, return receipt requested. Make sure you send the notice properly to the appropriate party, and that you send the notice within the prescribed deadline.
Keep the receipt as proof of proper service.
Select Preliminary Notice document.
Provide basic job information.
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