Liens.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0025

ENROLLED ACT NO.
53
, SENATE

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2010 BUDGET SESSION

AN ACT relating to
liens; reorganizing lien statutes as specified;
generally amending and
clarifying the process for filing liens; specifying time limits for filing forms;
amending substantive rights under lien provisions;
conforming statutes
;
authorizing attorney fees and costs as specified; amending definitions;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 29
‑
1
‑
103
and
29
‑
1
‑
10
4
, 29
‑
1
‑
312 through 29
‑
1
‑
31
4
, 29
‑
1
‑
401 through 29
‑
1
‑
40
7
, 29
‑
1
‑
501, 29
‑
1
‑
601,
29
‑
2
‑
112, 29
‑
2
‑
113,
29
‑
9
‑
101
,
29
‑
9
‑
10
2
and 29
‑
10
‑
101 through 29
‑
10
‑
10
6
are created to read:

ARTICLE 1
GENERAL PROVISIONS

29
‑
1
‑
103.

Short title.

W.S. 29
‑
1
‑
103 through 29
‑
10
‑
10
6
shall be known and may be cited as the
"
Revised Wyoming Statutory Lien Act
"
.

29
‑
1
‑
104.

Other lien statutes and legal processes not affected by this act
.

(a)

Unless other
statutes relating to liens
specifically provide
that the procedures specified in chapter 1, 2
,
9 or 10 of this act apply,
this
act
is supplemental to and does not supersede any other lien statutes contained in
chapters 3 through 8 of this
act

n
or other lien statutes
n
or other statutes relating
in any way to liens
currently existing related to other types of property or other subject matters.

(b)

N
othing
in this act
shall affect or abridge:

(i)

A right of setoff;

(ii)

The right to file legal action based on equitable principles, including unjust enrichment, quantum meruit and other equitable doctrines; or

(iii)

The right to enforce a lien otherwise created by contract.

29
‑
1
‑
31
2
.

Lien statement to be filed; contents; notice; fee.

(a)

In order to have a perfected lien pursuant to this act, a lien claimant shall file with the county clerk a lien statement

verifying the accuracy of the lien and the allegations set forth in the lien statement,
sworn to and acknowledged
by the lien claimant
or his authorized representative
before a notar
ial

officer
. The county clerk shall
record

and index
the
lien
statement by date, name
s
of claimant and property owner, and legal description
of the property
.

(b)

The lien statement shall contain as appropriate the following information:

(i)

The name and address of the lien
claimant
;

(ii)

The amount claimed to be due and owing;

(iii)

The name and address of the
record owner
against whose property the lien is filed;

(iv)

An itemized list setting forth and describing materials delivered or work performed;

(v)

The name of the person whom the lien claim
ant alleges is
contractually
responsible to pay the debt secured by the lien
;

(vi)

The date when labor was last performed or services were last rendered or the date
of
substantial complet
ion of the project
;

(vii)

The legal description of the property where the materials were furnished or upon which the work was performed; and

(viii)

A copy of the contract, if available
, or a summary of the lien claimant
'
s contract together with a statement of the location where a copy of the contract, if written, can be obtained
.

(c)

Notice shall be
sent
by the lien claimant to the last
record
owner
or his agent
in the case of a real property lien
within five (5) days
after the lien statement is filed. The notice shall be in substantially the same
form
at
and contain the same information as the form of notice
specified
in W.S. 29
‑
10
‑
10
3
. The notice forms shall be made available
and may be obtained at the county cler
k
'
s office of each county.

(d)

As a fee for
recording
a lien statement, the county clerk shall collect from the lien claimant the same fee as provided by W.S. 18
‑
3
‑
402
(a)(xvi)(P)
. An irregularity in the lien statement may provide a valid defense for a party defending against the lien. The county clerk shall nevertheless file a lien statement at the date and time received by the county clerk, regardless of any irregularity, illegible language or other reason.

(e)

The
recording

fee under this section may be assessed as costs in any action to foreclose the lien.

(f)

The lien statement shall be in substantially the same form
at
and contain the same information as the form
specified
in W.S. 29
‑
10
‑
104
. The lien statement forms shall be made available and may be obtained at the county clerk
'
s office of e
ach county.

29
‑
1
‑
31
3
.

Notice of satisfaction to be filed.

(a)

Whenever any debt which is
secured by
a lien pursuant to this act is paid and satisfied, the lien claimant shall file notice of satisfaction of the lien in the office of the county clerk of any county in which the lien is filed
and the lien claimant shall
send
the
record
owner a copy of the notice of satisfaction
within five (5) days
.
The county clerk shall record and index the notice of satisfaction of the lien.
The notice of satisfaction shall be acknowledged, but may be signed by the lien claimant or
the attorney for
the
lien
claimant.

(b)

The notice of satisfaction shall be in substantially the same form
at
and contain the same information as the notice of satisfaction form in W.S. 29
‑
10
‑
10
6
. The notice of satisfaction forms shall be made available and may be obtained at the county clerk
'
s office of each county
.

29
‑
1
‑
31
4
.

Liability for failure to
file a notice of
satisfaction.

In addition to any actual damages, any
lien claimant
refusing or neglecting to
file the notice of
satisfaction
as provided
in
W.S. 29
‑
1
‑
31
3

within thirty (30) days after payment
,
and after having received by certified or registered mail a request in writing
to file the notice
of satisfaction
,
is liable for damages of not less than one-tenth of one percent (.10%) of the original principal amount of the debt per day

from
the
date
the lien claimant receives the written request to file a notice of satisfaction,
until the lien claimant
files a notice of
satisfaction.

The damages authorized by this section shall not exceed one hundred dollars ($100.00) per day.

ARTICLE 4
ACTIONS TO FORECLOSE LIENS

29
‑
1
‑
401.

Jurisdiction of
c
ircuit and
d
istrict
c
ourt;
R
ules of
C
ivil
P
rocedure applicable in foreclosure action;
a
ttorney
f
ees.

(a)

All actions to foreclose a lien perfected under
this act
are quasi in rem proceedings and shall be commenced by filing a complaint in either the
d
istrict
c
ourt or, when required under W.S. 5
‑
9
‑
128(a)(vi), in the
c
ircuit
c
ourt, in any county in which the property subject to the lien is located.

(b)

In any action to foreclose a lien the Wyoming
R
ules of
C
ivil
P
rocedure shall govern.

(c)

In the event an action is filed to foreclose a lien pursuant to
this a
c
t
, the prevailing party shall be entitled to recover from the nonprevailing party all costs and expenses reasonably associated with the action, including but not limited to reasonable attorney fees.

(d)

Nothing in this section shall be construed to require a lien claimant to enforce his lien under this article if another method of enforcement is available under this act.

29
‑
1
‑
402.

Priority of liens.

(a)

Except as provided in this section, the liens provided by this act shall be on an equal footing without reference to the date of the filing of the lien statement.

(b)

Any lien perfected in compliance with this act attaches to the real property,
fixtures,
materials, machinery or supplies furnished and improvements made in preference to any subsequent lien, security interest or mortgage under any other provision of law which has been perfected upon real or personal property, including a leasehold interest, against which the lien is claimed.

(c)

Any lien, security interest or mortgage which has been perfected upon real or personal property or upon a leasehold interest prior to the commencement of any construction work or repair of the premises or property, except as provided by chapter 7 of this
act,
or W.S. 29
‑
8
‑
102 relating to liens for the production of farm products under contracts executed, entered into, renewed or substantively amended on or after July 1, 2001, shall have priority.

(d)

Where a sale is ordered by the court on foreclosure of any lien provided by this act and the proceeds from the sale are insufficient to discharge in full all of the liens, the proceeds shall be prorated among the several lien claimants according to the amounts of their respective claims.

29
‑
1
‑
403.

Work or materials furnished considered done under same contract; exceptions.

All work performed or materials furnished by a
lien claimant
shall be considered as having been done under the same contract unless more than one hundred eighty (180) days elapse from the date of the performance of any work or the furnishing of any materials and the date when work or materials are next performed or furnished
by the
lien
claimant
.

29
‑
1
‑
404.

Notice of foreclosure to prior perfected lienholders; effect of failure to notify.

The holder of any prior perfected lien upon the real property is entitled to notice in suits to foreclose the lien. A foreclosure proceeding shall not be rendered invalid by failure to give the notice required by this section.

29
‑
1
‑
405.

Remedies not exclusive.

The remedies provided by this act are not exclusive.

29
‑
1
‑
406.

Filing and recording fees.

The county clerk shall be paid the same fees as provided by W.S. 18
‑
3
‑
402 for
r
ecording all papers under this act.

29
‑
1
‑
407
.

C
onsent to jurisdiction and venue.

By contracting to perform work or furnish materials on a project located in Wyoming, each contractor, subcontractor and materialman who asserts a lien submits to the laws of Wyoming and the jurisdiction of the district and circuit courts in the county in which the project is situated with respect to all lien claims, regardless of whether
the
lien claimant is a resident of Wyoming and regardless of whether the contract contains a contrary choice of law or venue provision.
V
enue for any mediation or arbitration of lien claims shall be proper only in the county in which the project is located, unless the parties agree otherwise.

ARTICLE 5
SUBSTITUTE SECURITY FOR
LIENS

29
‑
1
‑
501.

Substitute security to satisfy lien; filing and effect thereof; action upon security.

(a)

Any lien created pursuant to this act filed against any real or personal property is satisfied if the owner of the property,
contractor
or
subcontractor
has deposited with the court having 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 over the lien claim
in the county where the lien was filed in an amount equal to one and one-half (1
½
) times the amount of the lien.

(b)

The
security
shall guarantee that if the lien claimant is finally adjudged to be entitled to recover upon the lien, the principal or his sureties
, jointly and severally,
in the case of a bond
,
or the
issuer of a letter of credit
shall pay the
lien
claimant the amount of the judgment
for at least the amount for which
the lien was filed plus costs and
attorneys
'
fees
.

(c)

The
security
may be
deposited
any time prior to
entry of
a final judgment in an action to foreclose the lien.

(d)

The
security
shall be
deposit
ed with the clerk of the court
having jurisdiction over the lien claim
in the county where the lien was filed.

(e)

Upon
depositing
the
security and entry of an order of the court accepting the security
, the lien against the property shall be forthwith discharged and released in full, and the security
deposited pursuant to
this section shall be substituted. The clerk of court shall issue a notice of satisfaction of lien which the owner or
lien claimant
may file in the office of the county clerk where the lien was filed which shall show that the lien has been satisfied.

(f)

A lien claimant whose lien has been satisfied by the substitution of the security
pursuant to
subsection (
e
) of this section may bring an action upon the
security
. The action shall be commenced
in the court in which the security was deposited under subsection (d) of this section
.

ARTICLE 6
FALSE OR FRIVOLOUS LIENS

29
‑
1
‑
601.

False or frivolous liens; damages; penalties.

(a)

Any claim of lien against a federal, state or local official or employee based on the performance or nonperformance of that official
'
s or employee
'
s duties shall be invalid unless accompanied by a specific order from a court of competent jurisdiction authorizing the filing of the lien or unless a specific statute authorizes the filing of the lien.

(b)

Any person whose real or personal property is subject to a recorded claim of lien who believes the claim of lien is invalid under subsection (a) of this section, was forged, or that the lien claimant knew at the time of filing
that
the lien was groundless, contained
a
material misstatement or false claim, may petition the court
having jurisdiction over the lien
of the county in which the claim of lien has been recorded for the relief provided in this subsection. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or his attorney setting forth a concise statement of the facts upon which the motion is based. The clerk of court shall assign a case number to the petition and obtain from the petitioner a filing fee of thirty-five dollars ($35.00). Upon the filing of the petition the following shall apply:

(i)

The court may enter its order, which may be granted ex parte, directing the lien claimant to appear before the court at a time no earlier than six (6) nor later than fifteen (15) days following the date of service of the petition
,
and order the lien claimant to show cause, if any, why the relief provided in this subsection should not be granted;

(ii)

The order shall clearly state that if the lien claimant fails to appear at the time and place noted, the claim of lien shall be stricken and released, and that the lien claimant shall be ordered to pay damages of at least one thousand dollars ($1,000.00) or actual damages, whichever is greater, and the costs incurred by the petitioner, including reasonable attorneys
'
fees;

(iii)

The order and petition shall be served upon the lien claimant by personal service, or, where the court determines that service by mail or other comparable method of delivery is likely to give actual notice, the court may order that service be made by mailing or delivering copies of the petition and order to the lien claimant at his last known address or any other address determined by the court to be appropriate. Two (2) copies shall be sent, one (1) by ordinary first class mail and the other by a form of mail or other delivery method requiring a signed receipt showing when and to whom it was delivered. The envelopes shall bear the return address of the sender;

(iv)

If, following a hearing on the matter the court determines that the claim of lien is invalid under subsection (a) of this section, was forged or that the lien claimant knew at the time of filing
that
the lien was groundless or contained
a
material misstatement or false claim, the court shall issue an order striking and releasing the claim of lien and awarding damages of one thousand dollars ($1,000.00) or actual damages, whichever is greater, costs and reasonable attorneys
'
fees to the petitioner to be paid by the lien claimant;

(v)

If the court determines that the claim of lien is valid, the court shall issue an order so stating and shall award costs and reasonable attorneys
'
fees to the lien claimant to be paid by the petitioner.

(c)

Any person who offers to have recorded or filed a forged or groundless lien in violation of this section with the intent to threaten, harass or intimidate a public official or employee in the performance or nonperformance of his official duties is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.

29
‑
2
‑
112.

Preliminary notices.

(a)

With respect to perfecting the right to file a construction lien under this chapter, the following preliminary notice requirements shall apply:

(i)

The
contractor
, subcontractor and materialman
shall send written notice to the record owner
or his agent,
of the right to assert a lien against the property for which services or materials are provided if the contractor
, subcontractor or materialman
is not paid
, and the right of the owner or contractor to obtain a lien waiver upon payment for services or materials
.
Each
subcontractor and materialman shall provide a copy of the written notice to the contractor for which the subcontractor or materialman is providing services or materials
;

(ii)

Any
notice
required under this section
shall be sent
:

(A)

By the contractor prior to receiving any payment from owner, including advances;

(B)

By the subcontractor or materialman within thirty (30) days after first providing services or materials to the construction project.

(iii)

Failure to send
the
notice
required under this section
within the time specified shall bar the right of a contractor
, subcontractor or materialman
to assert a lien
;

(iv)

Th
e
notice

required under this section
shall be in substantially the same form
at and contain the same information as
the notice contained in W.S. 29
‑
10
‑
10
1
.
The
form shall be made available and may be obtained at the county clerk
'
s office of each cou
nty
.

29
‑
2
‑
113.

Identity
of
record

o
wner
or his agent provided
.

The
c
ontractor shall provide to subcontractors and materialmen at the time of contracting with them the name and address of the
record
owner
and his agent, if applicable
, and legal description of the site of the project on which work will be performed or materials furnished.

CHAPTER 9
MISCELLANEOUS LIENS

29
‑
9
‑
101.

Lien of state on realty of debtor.

The amount of every account audited, adjusted and found due to the state including penalties and interest is a lien upon the real property of the person charged with the debt. The lien shall be in effect from the time suit commences for the recovery of the debt.

29
‑
9
‑
102.

Lien of attorneys on papers and monies of clients.

(a)

For professional services performed on behalf of a client, an attorney shall have a lien for compensation due him from the time of giving notice of the lien. The attorney
'
s lien attaches upon:

(i)

Any papers or money of his client which have come into his possession;

(ii)

Money due his client and in the possession of an adverse party.

(b)

Notice as required by subsection (a) of this section to be given to any person against whom the lien is asserted shall be given by certified mail, return receipt requested.

CHAPTER 10
F
ORMS

29
‑
10
‑
101.

Preliminary notice of right to lien
; lien waiver form
.

(a)

Preliminary n
otice of right to a lien shall be sent to the
record
owner of the property against which the lien may be filed and shall be completed in substantially the following form:

Note to Lien Claimant: This form, if filled out correctly and sent within the time periods specified
in
W.S. 29
‑
2
‑
112
, constitutes prima facie evidence that
you have provided the content of the notice
required
by W.S. 29
‑
2
‑
1
12(a)(i)
. If you have any questions regarding how to fill out this form or whether it has been filled out properly, you should consult an attorney.

NOTICE TO OWNER

The undersigned party is providing work or materials to the property described below. Failure of payment due and owing to a contractor, subcontractor or materialman for work performed or materials provided to the project located on the property can result in the filing of a lien against the property. To avoid this result, when paying for labor and materials you may ask the contractor, subcontractor or materialman for
"
lien waivers
"
from all persons supplying materials or services. Failure to secure lien waivers may result in your paying for labor and materials twice. A form of lien waiver is attached to this notice.

Name, address and telephone number of contractor, subcontractor or materialman, and contact person:

_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

MATERIALS PROVIDED OR WORK PERFORMED:

_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

PROPERTY DESCRIPTION:

ADDRESS:

_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

LEGAL DESCRIPTION:

_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

SI
GNED:
_______________________________________
DATE:
________________________________________

(b)

The form for waiver of a lien shall be completed in substantially the following form:

Note to lien claimant: Signing this form has legal implications. If you have any questions regarding how to complete this form or whether it has been properly completed, you should consult an attorney.

LIEN WAIVER

TO:_____________________

PROJECT:_____________________

FROM:________________________

DATE:________________________

PAYMENT:

$____________________

In consideration of the PAYMENT
received to date, the undersigned does hereby waive, release, and relinquish any and all claim and/or right of lien against the project and the real property improvements thereto for labor and/or materials furnished for use in construction of the project; provided however, the undersigned reserves all claims and/or rights of lien as to monies withheld as retainage in the amount of $_______________, and any labor and/or materials hereafter furnished for which payment has not yet been made. The undersigned has not been paid the sum of $________________ for work performed and/or materials provided under contract on this project and retains 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
u
ndersigned
a
cknowledges
receipt o
f
p
ayment
f
or
w
ork performed or materials provided and acknowledges that this 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, in which case this lien waiver shall remain in full force and effect.
T
he foregoing waiver shall not apply, however, if payment tendered by the owner is dishonored or revoked.

By:___________________________
_______
subcontractor/materialman/employee

Title:_______________________________

Date:________________________________

STATE OF __________________

)

)ss.
COUNTY OF ________________

)

This instrument was acknowledged before me on this _____ day of _____________, 20___, by _____________________ (name of person) as lien claimant or ______________________
(title, position or type of authority granted by lien claimant) of _____________________________ (lien claimant)
.

IN WITNESS THEREOF, I have hereunto set my hand and affixed my official seal on the day and year last above written.

______________________________
Notarial officer

My Commission Expires:

Seal:

29
‑
10
‑
102.

Form for notice of intention to file lien.

(a)

Notice of intention to file a lien shall be
sent to the
record
owner of
the property against which the lien may be filed
, sent to the lien claimant
and shall be completed in substantially the following form:

Note to lien claimant: This form, if filled out correctly and
sent
within the time periods
specified
in W.S. 29
‑
2
‑
107
constitutes prima facie evidence
that you have provided the contents of the notice required by W.S. 29
‑
2
‑
107
(a)
. If you have any questions regarding how to fill out this form or whether it has been filled out properly, you should consult an attorney.

CERTIFIED MAIL, RETURN RECEIPT REQUESTED

To:

____________________________
Record o
wner or agent of owner (note: If there is more than one (1)

owner, use a form for each owner)

Date: _______________, 20___

Re:

Notice of Intention to File Lien

You are hereby notified pursuant to W.S. 29
‑
2
‑
107
that ______________________ (hereinafter the
"
lien claimant
"
) intends to file a lien against your property.

The amount of the lien claim is $_______________. This amount is due from _______________________ (person/entity whose actions have caused a lien to be filed) pursuant to a contract with the lien claimant under which the lien claimant performed work or supplied materials for the work.

If we are unable to resolve this matter within thirty (30) days from the date of this notice, the lien claimant intends to file the lien statement asserting a lien against your property.

cc:

_________________________

_________________________

_________________________

29
‑
10
‑
10
3
.

Form of notice of filing lien.

(a)

Notice of filing a lien shall be
sent to the
record
owner of
the property against which the lien
shall be
filed and shall be completed in substantially the following form:

Note to lien claimant: This form, if filled out correctly and
sent
within the time periods
specified in W.S.
29
‑
2
‑
107
constitutes prima facie evidence
that you have provided the content of the noti
ce required by W.S. 29
‑
1
‑
312
(c)
. If you have any questions regarding how to fill out this form or whether it has been filled out properly, you should consult an attorney.

CERTIFIED MAIL, RETURN RECEIPT REQUESTED

To:

____________________________
Record o
wner or agent of owner (note: If there is more than one (1) owner, use a form for each owner)

Date: _______________, 20___

Re:

Notice of Filing Lien

This letter shall serve as notice to you pursuant to W.S. 29
‑
1
‑
31
2
that ______________________ (hereinafter the
"
lien claimant
"
) has filed a lien against your property.

cc:

_________________________

_________________________

_________________________

29
‑
10
‑
10
4
.

Form for lien statement.

(a)

The lien statement shall be filed with the county clerk
'
s office in the county where the property against which the lien is filed is located and shall be completed in substantially the following form:

Note to lien claimant: This form, if filled out correctly and filed with the county clerk
'
s office within the time periods
specified in W.S.
29
‑
2
‑
106
constitutes prima facie evidence
that you have provided the content of the lien sta
tement required by W.S. 29
‑
1
‑
312
(b) and (f)
. If you have any questions regarding how to fill out this form or whether it has been filled out properly, you should consult an attorney.

STATE OF
_____________

)

) ss.
COUNTY OF _____________

)

LIEN STATEMENT

Pursuant to the provisions of W.S. 29
‑
1
‑
31
2
relating to lien statements, the undersigned hereby files this lien statement and swears as follows:

1.

Name and address of lien claimant:

______________________________

______________________________

______________________________

______________________________

______________________________

2.

The amount claimed to be due and owing: $____________, plus pre-judgment interest at a rate of _____% (if applicable), and attorneys
'
fees and costs incurred by lien claimant in the collection of this amount.

3.

The names and addresses of the persons against whose properties the lien
i
s filed include:

_
_____________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

4.

An itemized list setting forth and describing the work
performed
or materials furnished by the lien claimant:

The amounts due and owing from ________________________ for the work performed and/or materials provided are set forth in the actual invoices
, or if no invoices exist, then a summary,

attached
hereto as Exhibit
"
A
"
.

5.

The name of the person
s
whom the lien claim
ant asserts
is
/are obligated to pay the debt secured by the lien
:

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

6.

The
lien claimant last performed work, or furnished materials, for which the lien claimant asserts a lien o
n the ______ day of ______________, 20___.

7.

The legal description of the
real property
where the
lien claimant performed
work
or furnished materials is set forth in
Exhibit
"
B
"
, attached hereto.

8.

A
true and accurate
copy of the
written
contract, if available,
under which the lien claimant performed work or furnished materials is
attached hereto as Exhibit
"
C
"
.
If the contract was oral or is too extensive, the parties to the contract and contract terms are described below:

_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

A copy of the written contract, if applicable, is located at the following address:

______________________________

______________________________

______________________________

______________________________

______________________________

DATED this ______ day of ______________, 20___.

Name of lien claimant: ______________________________

By:

______________________________

Signature: ______________________________

Title:

______________________________

Note to
Notarial officer
: If the lien claimant is a
legal entity formed under Title 17 of the Wyoming Statutes or other applicable law
, use the first jurat. If the lien claimant is an individual or sole proprietor, use the second jurat.

(Alternative 1:)

STATE OF
__________________

)

) ss.
COUNTY OF __________________

)

On this _____ day of ______________, 20___, subscribed and sworn to before me personally appeared ______________________________ (name of signatory), to me personally known, who has read the foregoing Lien Statement and knows the contents thereof and the facts are true to the best of his/her knowledge, and being by me duly sworn, did state that he/she is the ______________________________ (title
, position or type of authority
granted by lien claimant
) of ______________________________ (lien claimant) and that this lien statement was signed and sealed on behalf of the lien claimant by authority
granted to the signatory by the lien claimant.

Witness my hand and official seal.

______________________________
Notarial officer

My Commission Expires:

Seal:

(Alternative 2:)

STATE OF

__________________

)

) ss.
COUNTY OF __________________

)

On this _____ day of ______________, 20___, subscribed and sworn to before me personally appeared ______________________________ (name of signatory), to me personally known, who has read the foregoing Lien Statement and knows the contents thereof and the facts are true to the best of his/her knowledge, and being by me duly sworn, did state that the lien statement to be the free act and deed of the lien claimant.

Witness my hand and official seal.

______________________________
Notarial officer

My Commission Expires:

Seal:

29
‑
10
‑
10
5
.

Form for notice of substantial completion
of the project
.

(a)

The form for notice of substantial completion
of
the
project
may be filed
with the county clerk in the county where the project is located
in accordance with W.S.
29
‑
2
‑
106
(c)
. After the notice has been duly recorded, the record owner shall send a copy of the notice to all contractors, subcontractors
and
materialmen who provided the record owner with preliminary notice pursuant to W.S.
29
‑
2
‑
112
within five (5) days after recording the notice under this section. The form shall be completed
in substantially the following form:

(In bold face type) This notice creates a presumption under W.S.

29
‑
2
‑
106
(c) that the period for filing a lien shall begin to run on 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 the notice
was recorded
for materialmen
.

STATE OF

_____________

)

) ss.
COUNTY OF _____________

)

NOTICE OF
SUBSTANTIAL COMPLETION OF
THE
PROJECT

Pursuant to the provisions of W.S.
29
‑
2
‑
106
(c)
, the undersigned hereby files its notice of substantial completion of the project
, filed with the Clerk of
_________________ County on the ______ day of ______________, 20___, commencing at Page ______ of Book _______.

Dated this ______ day of ______________, 20___.

Name of
record
owner
: ______________________________

By:

______________________________
______

Signature: ______________________________

Title:

______________________________
_

Note to Notarial Officer: If the
record owner
is a legal entity formed under Title 17 of the Wyoming Statutes or other applicable law, use the first jurat. If the
record owner
is an individual or sole proprietor, use the second jurat.

(Alternative 1:)

STATE OF

__________________

)

) ss.
COUNTY OF __________________

)

On this _____ day of ______________, 20___, subscribed and sworn to before me personally appeared ______________________________ (name of signatory), to me personally known, who has read the foregoing Notice of Substantial Completion of
the
Project and knows the contents thereof and the facts are true to the best of his/her knowledge, and being by me duly sworn, did state that he/she is the ______________________________ (title, position or type of authority granted by
record
owner
) of ______________________________ (
record
owner
) and that this Notice of
Substantial Completion of
the
Project
was signed and sealed on behalf of the
record
owner
by authority granted to the signatory by the
record
owner
.

Witness my hand and official seal.

______________________________
Notarial officer

My Commission Expires:

Seal:

(Alternative 2:)

STATE OF

__________________

)

) ss.
COUNTY OF __________________

)

On this _____ day of ______________, 20___, subscribed and sworn to before me personally appeared ______________________________ (name of signatory), to me personally known, who has read the foregoing Notice of
Substantial Completion of
the
Project
and knows the contents thereof and the facts are true to the best of his/her knowledge, and being by me duly sworn,
did state that the
Notice of
Substantial Completion of
the
Project
to be the free act and deed of the
record owner
.

Witness my hand and official seal.

______________________________
Notarial officer

My Commission Expires:

Seal:

29
‑
10
‑
106.

Form for
notice of
satisfaction of lien.

(a)

The form for
notice of
satisfaction of a lien shall be filed with the county clerk
'
s office in the county where the property against which the lien was filed is located
, sent to the
record
owner
and shall be completed in substantially the following form:

Note to lien claimant: This form, if filled out correctly and filed with the county clerk
'
s office within the time period
specified
in W.S. 29
‑
1
‑
31
4
constitutes prima facie evidence
that you have fulfilled your obligation to file a notice of satisfaction of the lien required by W.S. 29
‑
1
‑
31
3
and 29
‑
1
‑
31
4
. If you have any questions regarding how to fill out this form or whether it has been filled out properly, you should consult an attorney.

STATE OF

_____________

)

) ss.
COUNTY OF _____________

)

NOTICE OF SATISFACTION
OF LIEN

Pursuant to the provisions of W.S. 29
‑
1
‑
31
3
, the undersigned hereby files its notice of satisfaction of lien statement and hereby releases its lien(s), filed with the Clerk of __________________ County on the ______ day of ______________, 20___, commencing at Page ______ of Book _______.

Dated this ______ day of ______________, 20___.

Name of lien claimant: ______________________________

By:

______________________________
______

Signature: ______________________________

Title:

______________________________
_

Note to Notar
ial Officer
:
If the lien claimant is a legal entity formed under Title 17 of the Wyoming Statutes or other applicable law, use the first jurat.
If the lien claimant is an individual or sole proprietor, use the second jurat.

(Alternative 1:)

STATE OF

__________________

)

) ss.
COUNTY OF __________________

)

On this _____ day of ______________, 20___, subscribed and sworn to before me personally appeared ______________________________ (name of signatory), to me personally known, who has read the foregoing
Notice of Satisfaction of Lien
and knows the contents thereof and the facts are true to the best of his/her knowledge, and being by me duly sworn, did state that he/she is the
______________________________ (title, position or type of authority
granted by lien claimant
) of ______________________________ (lien claimant) and that this Notice of Satisfaction of Lien was signed and sealed on behalf of the lien claimant by authority granted to the signatory by the lien claimant.

Witness my hand and official seal.

______________________________
Notarial officer

My Commission Expires:

Seal:

(Alternative 2:)

STATE OF

__________________

)

) ss.
COUNTY OF __________________

)

On this _____ day of ______________, 20___, subscribed and sworn to before me personally appeared ______________________________ (name of signatory), to me personally known, who has read the foregoing
Notice of Satisfaction of Lien
and knows the contents thereof and the facts are true to the best of his/her knowledge, and being by me duly sworn,
did state that the
Notice of Satisfaction of Lien
to be the free act and deed of the lien claimant.

Witness my hand and official seal.

______________________________
Notarial officer

My Commission Expires:

Seal:

Section 2.

W.S. 5
‑
9
‑
128(a)(vi)(C), 29
‑
1
‑
201(a)(intro),
(iv),

(v)(intro)
,
(vi),
by creating new paragraphs (viii) through (xi
i
i), (b)
(intro) and
(i), 29
‑
2
‑
101(a)
,
(c)
and
by creating
a
new subsection (e), 29
‑
2
‑
103, 29
‑
2
‑
105(a)(intro)
,
29
‑
2
‑
106,
29
‑
2
‑
107,
29
‑
2
‑
108,

29
‑
4
‑
102, 29
‑
5
‑
103(b)(intro), 29
‑
7
‑
103(a)
, 29
‑
8
‑
102(a), 41
‑
5
‑
111(d)
and
42
‑
4
‑
202
(b)(intro)

are amended to read:

5
‑
9
‑
128.

Civil jurisdiction.

(a)

Each circuit court has exclusive original civil jurisdiction within the boundaries of the state for:

(vi)

Actions to foreclose and enforce the following statutory liens only, when the amount claimed on the lien does not exceed seven thousand dollars ($7,000.00) exclusive of court costs:

(C)

Liens for labor and services as provided by W.S. 29
‑
5
‑
101 through 29
‑
5
‑
106 and 29
‑
7
‑
101 through
29
‑
7
‑
202

29
‑
7
‑
301
; and

29
‑
1
‑
201.

Definitions; agency relationships presumed.

(a)

Except as otherwise provided, as used in this
title

act
:

(iv)

"
Lien claimant
"
means any person who claims a lien under this
title

act
pursuant to a contract for improvement of property entered into by an owner of the property;

(v)

"
Owner
"

as used in this act
means:

(vi)

"Subcontractor"
or "materialman"
means a person
,
other than a contractor performing work
or furnishing materials to
an owner
or

for
a
contractor
or subcontractor

under contract;

(viii)

"Material" means
:

(A)

C
omponent parts incorporated into
the project;
and

(B)

Equipment
and
machinery
,
whether or not incorporated into
the project.

(i
x
)

"
Materialman
"
means

a person other than a contractor who furnishes material to, but does not perform work for,
an owner,
a contractor
or subcontractor
under contract
;

(x)

"
Property
"
means

real property, personal property, or both
;

(x
i
)

"
Real property
"
means

all interests in real property, including but not limited to, the fee estate, leasehold interests, easements and rights of way
;

(xi
i
)

"
Send
"
or
"
sent
"

means
,
in connection with any writing or written notice
,
to deposit in the mail or deliver for transmission by any other usual means of communication with postage or cost of transmission provided for and properly addressed and
,
in the case of an instrument to an address specified thereon or otherwise agreed, or if no
address is specified,
to any address reasonable under the circumstances. The foregoing method of delivery includes delivery by any commercial carrier that requests and maintains a receipt for delivery of written documents and also includes an electronic record as set forth in the Uniform Electronic Transactions Act if the sender and recipient have previously communicated by electronic means. In the event any writing is transmitted by mail with the U
nited
S
tates

p
ostal
s
ervice, such writing shall be mailed by certified mail, return receipt requested, or by mail delivery requiring a receipt for delivery. The time
a
writing is deemed to have been sent is the time at which the writing is deposited in the mail or delivered for transmission by any other means and, in the case of an electronic record, the time of sending is as specified in W.S. 40
‑
21
‑
115
;

(xii
i
)

"
Written
"
or
"
writing
"
means

printing, typewriting or any other intentional reduction to tangible form, including an electronic record created, generated, sent, communicated, received or restored by electronic means
;

(xi
v
)

"
This act
"
means W.S. 29
‑
1
‑
103 through
29
‑
10
‑
10
6
.

(b)

Only the following agency relationships are presumed in this
title

act
:

(i)

If any spouse enters into a contract for the performance of any work or the furnishing of any materials for the benefit of the property of the other spouse for which a lien is provided by this
title

act
, the spouse contracting for the work shall be presumed to be the agent of the spouse owning the property;

29
‑
2
‑
101.

Persons entitled to liens; extent of lien on realty; exceptions.

(a)

Except as provided in W.S. 29
‑
2
‑
111,
E
very
person
contractor, subcontractor or materialman

performing any work on or furnishing any materials
or plans
for any building or any improvement upon
land

real property
shall have for his work done or plans or materials furnished a lien upon the building or improvements, and upon the
land

real property
of the owner on which they are situated to the extent of one (1) acre. If the improvements cover more than one (1) acre the lien shall extend to all the additional
land

real property
covered thereby.

(c)

Notwithstanding subsection (a) of this section if the
land

real property
subject to a lien is located in any city, town or subdivision the lien shall extend to the entire lot upon which the building or improvement is located.

(
e
)

The lien
under this section
shall extend to the owner
'
s real property and easements to the extent necessary to provide legal access by a roadway for ingress and egress to the building, improvements or real property subject to the lien, not to exceed
forty (
40
)
feet in width to the nearest easement, public road or highway.

29
‑
2
‑
103.

Right of judicial sale and removal of improvements.

Any
person

lien claimant
enforcing the lien
provided by this chapter
may have the building
,

or
improvements

and real property
sold under execution.

However, if any party establishes that the
land

real property
, after removal of the improvement, would be in the same or similar condition as prior to the performance of the work for which the lien is claimed
,
the court may authorize the removal of the improvement.
In addition to attorneys
'
fees and costs, t
he
party

lien claimant
foreclosing the lien may be entitled to reasonable costs for removing any improvement or for restoring the property to its original condition.

29
‑
2
‑
105.

Lien for improvements placed by tenant authorized by landlord.

(a)

Notwithstanding the definition of
"
owner
"
, if a tenant places any improvements either within or on the outside of any building or on the
land

real property
on which the building stands, the person doing any work or furnishing any material for the purpose of the improvement shall have a lien upon the

landlord's
and the tenant
'
s interest in the
building and
land

real property
as provided by this chapter if:

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.

(a)

Every

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 twenty (120)

one hundred fifty (150)
days and every other person
asserting a lien under this chapter
shall file within
ninety (90)

one hundred
twenty (120)
days:

(i)

Of the earlier of:

(A)

After the last day when work was performed or materials furnished under contract;

or

(ii)
(B)

From the date
the

of substantial completion of the project on which
work was
substantially completed or substantial completion of the contract to furnish

performed
or

materials
, whichever is earlier

were furnished under contract
; or

(iii)
(ii)

With respect to
an employee or

a
subcontractor, after the last day he performed work at the direction of
his employer or

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
, journeyman
or
worker

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
‑
1
12. 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.
"

(c)
(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.
29-1-301

29
‑
1
‑
31
2
for a lien statement. The lien rights of persons not signing the agreement are not affected by it.

(d)
(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
(c)

(e)
of this section.

29
‑
2
‑
107.

Notice of intention to file lien.

(a)

Before filing a lien pursuant to this chapter
every person

a lien claimant
shall
give ten (10) days

send written
notice to the
record
owner or his agent
in writing
of any claim against
real property,
a building or an improvement
or for materials furnished
stating the amount of any claim and from whom it is due.
The notice shall be sent no later than twenty (20) days prior to filing a lien statement.

(b)

The notice under this section shall be in substantially the same format and contain the same information as the notice form specified in W.S. 29
‑
10
‑
102. The notice forms shall be made available and may be obtained at the county clerk's office of each county.

29
‑
2
‑
108.

Duty of contractor to defend action; liability of contractor to owner.

The contractor shall
, at his own expense,
defend any action brought by his employee, subcontractors hired by the contractor, their employees or by any suppliers of materials provided under contract in accordance with this chapter
.

at his own expense.

During the pendency of the action the owner or his agent may withhold from the contractor the amount of money for which a lien is filed. If judgment is rendered against the owner or his property on the lien foreclosure, he may deduct from any amount due to the contractor the amount of the judgment and costs. If the owner has paid the contractor in full he may recover from the contractor any amount paid by the owner for which the contractor was originally liable.

29
‑
4
‑
102.

Filing of lien statement; enforcement.

Any person entitled may file a lien statement as provided by W.S.
29
‑
1
‑
101

29
‑
1
‑
103
through
29
‑
1
‑
308

29
‑
1
‑
31
4
and 29
‑
2
‑
101 through
29
‑
2
‑
109
29
‑
2
‑
113

and may enforce his lien in the same manner.

29
‑
5
‑
103.

Lien statement to be filed; contents; mistake in description not fatal; notice to purchaser or owner.

(b)

In addition to the requirements of W.S.
29
‑
1
‑
301(a)

29
‑
1
‑
31
2
(a)
this statement shall contain:

29
‑
7
‑
103.

Lien statement; additional contents; county clerk to note lien on certificate of title.

(a)

A lien statement under W.S. 29
‑
7
‑
101 through 29
‑
7
‑
106 shall provide in addition to the requirements of W.S.
29
‑
1
‑
301(b)

29
‑
1
‑
31
2
(b)
whether the lien claimant was in possession of the property at the time the lien statement was filed or the owner consented to the filing of the lien. Notwithstanding W.S.
29
‑
1
‑
301(a)

29
‑
1
‑
31
2
(a)
, a feeder
'
s lien created pursuant to W.S. 29
‑
7
‑
101(a)(ii) shall be filed in the office of the secretary of state together with any applicable filing fees.

29
‑
8
‑
102.

Producer
'
s liens.

(a)

W.S.
29
‑
1
‑
101

29
‑
1
‑
103
through 29
‑
7
‑
301 shall not apply to liens filed under this act.

41
‑
5
‑
111.

Irrigation facility modification and maintenance.

(d)

In order to have a perfected lien, a lien claimant shall file with the county clerk a lien statement that conforms to the requirements of W.S.
29
‑
1
‑
301

29
‑
1
‑
31
2
, and shall notify the last known

record
owner as provided in W.S.
29
‑
1
‑
301

29
‑
1
‑
31
2
. The county clerk shall
file
record

and index the statement as provided in W.S.
29
‑
1
‑
301

29
‑
1
‑
31
2
. When so perfected, the lien may be enforced in the same manner as provided in W.S. 29
‑
4
‑
101 and 29
‑
4
‑
102 and is subject to the limitation in W.S. 29
‑
2
‑
109.

42
‑
4
‑
202.

Third party liability; authority; enforcement; notice; costs.

(b)

The department may perfect and enforce its lien by following the procedures set forth in W.S.
29
‑
1
‑
301 and 29
‑
1
‑
302

29
‑
1
‑
31
2
and 29
‑
1
‑
31
3
, and its verified lien statement shall be filed with the appropriate clerk in the county of financial responsibility. The verified lien statement shall contain the following:

Section 3.

W.S. 29
‑
1
‑
101 and 29
‑
1
‑
102, 29
‑
1
‑
301 through 29
‑
1
‑
311
,

29
‑
2
‑
1
10
and 29
‑
2
‑
1
11
are repealed.

Section
4
.

The provisions of this act shall apply to all projects commenced on or after July 1, 201
1
. Any projects commenced prior to July 1, 201
1
, shall be governed by the lien procedures in title 29 that existed prior to July 1, 201
1
.

Section
5
.

This act is effective July 1, 20
1
1
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1