Page 54 - State Law Summary of Mechanic's Lien Law

Wyoming WY

What is the statutory authority? Is there a procedure to bond over the mechanic’s lien(s)?
Wyo. Stat. Ann. §§ 29-1-103 through 29-10-106. Yes.
What is the Attachment Date of the Mechanic’s Lien? A mechanic’s lien filed against any real property is satisfied if the owner of the
Lien attaches as of the date construction work or repair on the property property, contractor or subcontractor has deposited with the court having
commences. Wyo. Stat. Ann. § 29-1-402(c). jurisdiction over the lien claim a corporate surety bond, letter of credit, cash or
cash equivalent of established value approved by the court having jurisdiction
What constitutes visible commencement of construction? over the lien claim in the county where the lien was filed in an amount equal to 1
Actual work on the building site. Commencement does not include providers of 1/2 times the amount of the lien. Wyo. Stat. Ann. § 29-1-501(a).
non-visible offsite preconstruction services such as architectural design work or
engineering services. See Michael’s Const., Inc. v. American Nat’l Bank, 2012 WY 76, Upon depositing the security and entry of an order of the court accepting the
278 P3d 701 (Wyo. 2012). security, the lien against the property shall be discharged and released in full.
Wyo. Stat. Ann. § 29-1-501(e).
What is the priority of the insured construction mortgage/
deed of trust?
Any lien, security interest or mortgage that has been perfected upon real property Are the ALTA 32/33 Series Endorsements available for the Loan Policy?
or upon a leasehold interest prior to the commencement of any construction work Yes.
or repair of the premises of property has priority. Wyo. Stat. Ann. § 29-1-402(c).

If priority of the insured mortgage/deed of trust is lost, is there a
statutory procedure to regain priority?
No.

When does a mechanic’s lien have to be filed for claimant to maintain
lien rights?
Any contractor asserting a lien must file their lien statement within 150 days and
every other person asserting a lien (i.e., subcontractors, materialmen, laborers,
etc.) must file their lien statement within 120 days (i) of the earlier of: (A) the last
day when work was performed or materials furnished under contract, (B) the
date of substantial completion of the project on which work was performed or
materials were furnished under contract; or (ii) with respect to a subcontractor,
after the last day he performed work at the direction of the contractor or other
person authorized to provide direction. Wyo. Stat. Ann. § 29-2-106(a).
Parties to a contract can agree to extend the time allowed for filing a lien by
recording an agreement in the real property records. The extension for contractors
cannot exceed 300 days and extension for all others cannot exceed 240 days.
Wyo. Stat. Ann §29-2-106(e).

What is the period of enforcement of a filed mechanic’s lien?
All actions to foreclose or enforce a mechanic’s lien must be commenced within
180 days after the filing of the lien statement. No lien shall continue to exist except
by virtue of the provisions of this chapter for more than one hundred eighty (180)
days after the lien is filed unless an action to foreclose the lien is instituted. Wyo.
Stat. Ann. § 29-2-109.

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