WYOMING PRE-LIEN NOTICE / NOTICE TO OWNER

(Pre-Construction Lien Notice Pursuant to Wyoming Construction Lien Statutes)

[// GUIDANCE: This template is designed for use by contractors, subcontractors, material suppliers, design professionals, or other potential lien claimants on Wyoming construction projects. Practitioners should tailor all bracketed items, confirm statutory time-periods, and ensure service is effected in strict compliance with current Wyoming law before releasing the form to a client.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Certificate of Service

1. DOCUMENT HEADER

1.1 Title

PRE-LIEN NOTICE / NOTICE TO OWNER

1.2 Parties

• Claimant: [LEGAL NAME], a [STATE] [ENTITY TYPE]
• Owner: [LEGAL NAME], a [STATE] [ENTITY TYPE / INDIVIDUAL]
• General Contractor (if Claimant is not the GC): [LEGAL NAME]
• Property Lender (if known/applicable): [LEGAL NAME]

1.3 Recitals

WHEREAS, Claimant has furnished or is furnishing labor, materials, equipment, or professional services for the improvement of the real property described herein (the “Project”); and

WHEREAS, Claimant has not been paid in full for such work and desires to preserve its statutory right to record and foreclose a construction lien;

NOW, THEREFORE, Claimant issues this Pre-Lien Notice / Notice to Owner (the “Notice”) effective as of [EFFECTIVE DATE] and in accordance with the Wyoming construction lien statutes and any other applicable law (collectively, the “Wyoming Lien Statutes”).

1.4 Property Description

Street Address: [PROPERTY ADDRESS]
Legal Description: [INSERT OR “See Exhibit A attached hereto”]
County: [COUNTY], State of Wyoming

2. DEFINITIONS

“Amount Due” means the unpaid contract price, inclusive of change orders, retainage, and approved extras, presently totaling $[AMOUNT].

“Claimant” has the meaning set forth in Section 1.2.

“Notice Date” means the date shown in the Certificate of Service on which this Notice is deposited for service in accordance with Section 3.4.

“Owner” has the meaning set forth in Section 1.2.

“Project” means the construction, alteration, repair, or improvement located on the Property.

“Property” has the meaning set forth in Section 1.4.

“Wyoming Lien Statutes” means, collectively, all Wyoming statutes governing construction liens, together with any regulations or case law interpreting same.

[// GUIDANCE: Keep the Definitions section short and limited to terms actually used below to avoid ambiguity.]

3. OPERATIVE PROVISIONS

3.1 Statutory Notice

Claimant hereby gives formal notice that it intends to claim a construction lien against the Property in the Amount Due if payment is not received within the statutory period (see Section 3.2).

3.2 Cure Period & Payment Demand

Owner must pay the Amount Due in available funds to Claimant at the address indicated in Section 10.2 within ten (10) calendar days after the Owner’s receipt of this Notice (the “Cure Period”). Failure to remit full payment within the Cure Period will constitute an Event of Default under Section 6.1, entitling Claimant to record a lien without further notice.

[// GUIDANCE: Wyoming law does not impose a mandatory cure period; ten days is an industry-standard, commercially reasonable period designed to demonstrate good faith before filing the lien. Adjust as desired.]

3.3 Basis of Claim

a. Contract/Order Date: [DATE]
b. First Date of Furnishing: [DATE]
c. Last Date (or Estimated Last Date) of Furnishing: [DATE OR “Ongoing”]
d. Description of Work/Materials: [BRIEF DESCRIPTION]

3.4 Service of Notice

This Notice shall be served on the Owner (and, where required or advisable, the General Contractor and any recorded lender) by one (1) of the following statutorily recognized methods:
1. Certified Mail, return receipt requested;
2. Registered Mail;
3. Commercial carrier providing written proof of delivery; or
4. Personal service by a process server or other individual authorized to serve legal process in Wyoming.

Service is deemed complete upon the earliest of: (i) actual delivery, or (ii) three (3) days following deposit with the United States Postal Service, postage prepaid and properly addressed.

3.5 Conditions Precedent

This Notice is a condition precedent to recording a lien only to the extent required by the Wyoming Lien Statutes. Nothing herein shall be construed as a waiver of Claimant’s right to rely on any statutory or equitable remedies available under law.

4. REPRESENTATIONS & WARRANTIES

The undersigned officer or authorized agent of Claimant represents and warrants, to the best of his or her knowledge and belief, that:

a. Claimant is duly licensed and in good standing in every jurisdiction where such licensing is required for the Work;
b. The Amount Due is just, correct, and owing, and no unapproved offsets or credits are outstanding;
c. Claimant has not been paid the Amount Due; and
d. All information contained in this Notice is true, correct, and complete in all material respects as of the Notice Date.

These representations and warranties survive delivery of the Notice and any subsequent lien filing.

5. COVENANTS & RESTRICTIONS

a. Claimant covenants to release or withdraw any construction lien filed pursuant to this Notice within a reasonable time after full and final payment, plus any accrued interest and costs, is received and clears the banking system.

b. Owner covenants not to hinder, delay, or otherwise impair Claimant’s receipt of the Amount Due, including through joint-check arrangements, retainage withholding beyond statutory allowances, or unwarranted back-charges.

6. DEFAULT & REMEDIES

6.1 Events of Default

The following constitute an “Event of Default”:
1. Owner’s failure to pay the full Amount Due within the Cure Period;
2. Owner’s contesting of Claimant’s lien rights in bad faith; or
3. Any other act or omission that materially breaches Owner’s payment obligations to Claimant.

6.2 Remedies

Upon any Event of Default, Claimant may, without further notice, exercise any or all of the following remedies, in any sequence or combination:
a. Record a construction lien against the Property in accordance with the Wyoming Lien Statutes;
b. Initiate an action in the appropriate state court to foreclose the lien, obtain a money judgment, and/or seek injunctive relief for lien enforcement;
c. Recover interest at the rate of [RATE]% per annum (or the maximum rate allowed by law, whichever is lower) from [DATE] until paid;
d. Recover attorneys’ fees, court costs, and all other expenses of collection as provided by statute or contract.

[// GUIDANCE: Wyoming law allows recovery of attorneys’ fees in lien-enforcement actions when authorized by contract or statute. Confirm applicability before including.]

7. RISK ALLOCATION

7.1 Limitation of Liability

The maximum aggregate liability of Claimant to Owner arising from or relating to the Work, exclusive of lien remedies, shall be limited to the value of the Work actually performed and accepted by Owner as of the date any claim arises.

7.2 Force Majeure

Claimant shall not be responsible for failure to perform if prevented by causes beyond its reasonable control, including without limitation acts of God, governmental orders, labor disputes, pandemics, material shortages, or weather conditions that materially delay the Work.

[// GUIDANCE: Although not strictly required in a pre-lien notice, inclusion of basic risk-allocation language can deter counter-claims and demonstrate professional drafting.]

8. DISPUTE RESOLUTION

8.1 Governing Law. This Notice and any ensuing lien or enforcement action shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict-of-laws principles.

8.2 Forum Selection. Exclusive venue lies in the state courts located in the county where the Property is situated. Each party irrevocably submits to such jurisdiction for all purposes arising out of or related to this Notice.

8.3 Arbitration. Not applicable. Nothing herein shall require arbitration of any dispute.

8.4 Jury Waiver. Not applicable.

8.5 Injunctive Relief. Claimant reserves the right to seek injunctive or equitable relief as permitted by law to enforce its lien rights, without posting bond to the extent allowed by statute.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers. Any amendment or waiver of this Notice must be in writing and signed by Claimant. No oral waiver shall be binding.

9.2 Assignment. Claimant may assign or pledge its rights under this Notice or any resulting lien to a financing source upon written notice to Owner. Owner may not assign obligations without Claimant’s prior written consent.

9.3 Severability. If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall remain in full force and effect and shall be construed to fulfill the original intent to the maximum extent permitted by law.

9.4 Integration. This Notice constitutes the entire communication to Owner concerning the subject matter hereof and supersedes all prior or contemporaneous oral or written communications relating thereto.

9.5 Counterparts & Electronic Signatures. This Notice may be executed in counterparts and delivered electronically (including via PDF or verified electronic signature platform), each of which shall be deemed an original and all of which together constitute one and the same instrument.

10. EXECUTION BLOCK

10.1 Claimant’s Signature

[AUTHORIZED SIGNATORY NAME]
[Title]
For and on behalf of [CLAIMANT LEGAL NAME]

Date: _____

10.2 Claimant’s Address for Payment & Notices
[STREET]
[CITY, STATE ZIP]
Attention: [CONTACT PERSON / ACCOUNTS RECEIVABLE]
Telephone: [(XXX) XXX-XXXX]
Email: [EMAIL ADDRESS]

[OPTIONAL]

10.3 Notary Acknowledgment (Recommended)

State of _ )
County of _____ )

The foregoing instrument was acknowledged before me on the ___ day of _, 20_, by ____ as _______ of [CLAIMANT LEGAL NAME].

Notary Public
My Commission Expires: _______

11. CERTIFICATE OF SERVICE

I, the undersigned, certify under penalty of perjury that on the ___ day of ___, 20_, I served the foregoing Pre-Lien Notice / Notice to Owner on the parties listed below by the method(s) indicated:

Executed on ____, 20___.

[NAME], [TITLE / PROCESS SERVER]

[// GUIDANCE: Attach additional exhibits—such as the full legal description (Exhibit A) or supporting invoices—if desired. Maintain copies of all signed documents, delivery receipts, and mailing confirmations to prove compliance with statutory service requirements.]