§ 29-2-106 — When statement lien to be filed; rights of subcontractor not abridged by contract between owner and contractor; agreement to extend filing period

Wyoming § 29-2-106

• Jurisdiction: Wyoming
• Title 29: Liens
• Ch. 2: CONTRACTORS OR MATERIALMEN

Text

(a) Except as provided in subsection (c) of this section,
any contractor asserting a lien under this chapter shall file
his lien statement within one hundred fifty (150) days and every
other person asserting a lien under this chapter shall file
within one hundred twenty (120) days:
(i) Of the earlier of:
(A) After the last day when work was performed
or materials furnished under contract;
(B) From 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.
(b) No contract made between the record owner and the
contractor shall be construed to affect or restrict the right of
any subcontractor or materialman to file a lien.
(c) The record owner may record a notice of substantial
completion of the project in the records of the county clerk in
the county where the project is located. If a notice of
substantial completion of the project is recorded under this
subsection, the date the notice is recorded shall be presumed to
be the date of substantial completion of the project. After the
notice has been duly recorded, the record owner shall send a
copy of the notice within five (5) days to all contractors,
subcontractors and materialmen who provided the record owner
with preliminary notice pursuant to W.S. 29-2-112. The notice
shall not extend the date by which a lien statement shall be
filed as may otherwise be provided in this section. The time to
file a lien statement by any contractor, subcontractor or
materialman shall not be affected if the record owner fails to
send the notice of substantial completion of the project.
(d) The notice of substantial completion of the project
shall refer to this section, provide the date of substantial
completion of the project on the notice and state in bold face
type: "This notice creates a rebuttable presumption that the
period for filing a lien shall begin to run as of the date the
notice was recorded. If the recipient of the notice has not
been paid in full, any lien to be filed on the property to
secure full payment shall be filed by contractors within one
hundred fifty (150) days of the date the notice was recorded and
within one hundred twenty (120) days of the date the notice was
recorded for materialmen."
(e) Any party to a contract for which a lien may be filed
may agree to an extension of the time within which the lien may
be filed. The time agreed upon may not exceed twice the time
within which the lien would have to be filed in accordance with
subsection (a) of this section. The agreement shall be
acknowledged before a notarial officer, and signed by the owner,
the contractor and any other parties to the contract before it
is valid. The agreement shall be filed with and recorded by the
county clerk in the manner provided by W.S. 29-1-312 for a lien
statement. The lien rights of persons not signing the agreement
are not affected by it.
(f) A cooperative utility claiming a lien under W.S.
29-2-101(d) shall file its lien statement within one hundred
eighty (180) days after the first date the provisions of W.S.
29-2-101(d)(i) and (ii) were met. The cooperative utility and
its member may agree to an extension of the time in which the
lien may be filed, but the agreement may not exceed a total time
for filing the lien statement beyond three hundred sixty (360)
days. Any agreement for an extension under this subsection
shall otherwise comply with the requirements of subsection (e)
of this section.