Mechanic's Lien Waiver Form and Advance-Waiver Rules in Wyoming

At a glance

Requirements one by one

Wyoming supplies one statutory waiver form

Wyoming's Revised Statutory Lien Act puts its forms in Chapter 10. Section 29-10-101(b) provides that "the form for waiver of a lien shall be completed in substantially the following form" and then prints a single "LIEN WAIVER." There is only one statutory form — Wyoming does not divide waivers into conditional and unconditional, or progress and final, versions. The one form is given "in consideration of the PAYMENT received to date," so it is used when a payment is made and can be repeated as work continues.

The form reserves specific claims rather than releasing everything. It preserves "monies withheld as retainage in the amount of $____," "any labor and/or materials hereafter furnished for which payment has not yet been made," and a stated unpaid sum, keeping "the right to file a lien against the property and pursue any and all actions to recover the full amount due, including any and all equitable claims."

The form must be notarized

Unlike many states' payment-stage waivers, Wyoming's form ends with a notarial acknowledgment block. The claimant signs "By" as "subcontractor/materialman/ employee," gives a title and date, and the signature is acknowledged before a notarial officer. The form also carries a note telling the claimant that "signing this form has legal implications" and to consult an attorney.

An owner-contractor deal cannot cut off a sub's lien

Wyoming does not have a statute that voids an advance or "no-lien" waiver a claimant signs for its own rights. But it protects downstream claimants directly. Section 29-2-106(b) states that "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." So a prime contract cannot sign away a subcontractor's or supplier's lien rights.

What trips people up

Read the payment-dishonor language carefully, because it cuts two ways. The form says the waiver "may be relied upon by the owner even if the undersigned accepts payment in uncertified funds and such payment is subsequently dishonored or revoked" — meaning it can stay effective for the owner's benefit even if a check the claimant took later bounces. But the very next clause says the waiver "shall not apply … if payment tendered by the owner is dishonored or revoked." The difference is whose payment fails: the owner's own dishonored payment defeats the waiver, while a bounced check the claimant accepted from someone else may not.

A blank reservation line does not preserve a claim. The form only keeps retainage, later unpaid work, and an unpaid sum if the claimant actually writes those amounts in. Leaving the retainage or unpaid-sum blanks empty releases those claims along with everything else.

Common questions

Does Wyoming publish separate conditional and unconditional waiver forms? No. Section 29-10-101(b) supplies one "LIEN WAIVER" form, to be completed in substantially that form, with no conditional/unconditional or progress/final split.

Does the Wyoming waiver have to be notarized? Yes. The statutory form ends with a notarial acknowledgment block, so the claimant's signature is acknowledged before a notarial officer.

Can a general contract waive a subcontractor's lien rights in advance? No. Section 29-2-106(b) says a contract between the owner and the contractor cannot restrict a subcontractor's or materialman's right to file a lien.

Statutes and sources

• W.S. § 29-10-101 (Chapter 10 forms; the statutory LIEN WAIVER at subsection (b)) — https://wyoleg.gov/statutes/compress/title29.pdf (accessed 2026-07-23)
• W.S. § 29-2-106 (owner-contractor contract cannot restrict a subcontractor's or materialman's lien, subsection (b)) — https://wyoleg.gov/statutes/compress/title29.pdf (accessed 2026-07-23)