– 58 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM Every contractor, subcontractor, or materialman performing work on or providing materials for any building or improvement upon real property pursuant to a contract. WY STAT § 29-2-101 Includes architects, engineers, and surveyors per WY STAT § 29-1- 201(a)(i)(A). A cooperative utility may also have a lien for services or materials. See WY STAT 29-2-101(d) and WY STAT 17-20-140(a)(i) DEADLINE TO PERFECT Deadline to file lien statement depends on whether contractor, subcontractor, or other: • Contractor: within 150 days of the earlier of (1) the last day work or materials provided under the contractor or (2) date of substantial completion of the project on which work was performed. • Subcontractor: within 120 days after the last day it performed work at the direction of contractor or other person authorized to provide direction. WY STAT § 29-2-106 BROKEN PRIORITY Lien attaches as of the date of commencement of actual physical work on project. Michael’s Const., Inc. v. American Nat. Bank, 278 P.3d 701, 705, 2012 WY 76, ¶ 16 (Wyo., 2012). NOTE: In making the above determination, Michael cited now repealed WY § 29-1-305, which expressly stated lien date related back to commencement. However, no cases discussing current legislative scheme. No apparent exceptions. All liens are on equal footing and are in preference to any subsequent lien. WY STAT § 29-1-402 DURATION OF LIEN Liens must be enforced within 180 days after the filing of the lien statement. WY STAT § 29-2-109 CONTENTS OF LIEN (1) Verified sworn statement; (2) name and address of claimant; (3) amount claimed to be due and owing; (4) name and address of record owner; (5) itemized list setting forth and describing labor or work provided; (6) name of person who is contractually responsible to pay lien claimant; (7) date last labor of material provided or substantial completion of project; (8) legal description of subject property; and (9) a copy of the contract, if available, or summary of contract and where a copy can be obtained. Notice is also required to be sent to the record owner within 30 days after the lien statement is filed. See WY STAT. 29-10-103 for required information. Substantial compliance required. Must contain the above information; however, format may vary. WY STAT § 29-1-312 BY STATE MECHANIC’S LIEN LAWS WYOMING WYOMING
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