LienWaiver.pro
Statutory Form Required

Wyoming Lien Waiver Forms — Generate in 60 Seconds

Generate Wyoming-compliant lien waivers based on the statutory form prescribed by Wyo. Stat. 29-10-101. Wyoming is one of only 2 states (alongside Mississippi) that requires notarization for lien waivers to be valid. The statutory form functions as an unconditional waiver with a built-in retainage carve-out — understand the risks before you sign.

Which Type Do You Need?

Wyoming is unusual: the statute prescribes a single lien waiver form that functions as an unconditional waiver. There's no statutory conditional/unconditional distinction like California or Texas. The form acknowledges receipt of payment and remains enforceable even if payment is later dishonored. That said, industry practice in Wyoming still uses all four waiver types for different situations.

Decision Tree

3
Final payment and check has NOT cleared?
4
Final payment and check HAS cleared?

Generate Your Wyoming Lien Waiver

Loading form...

Generate waivers regularly?

Create a free account to save your waivers, track projects, and manage contacts.

Sign Up Free

Wyoming Lien Waiver Rules at a Glance

Statutory waiver form required

Wyo. Stat. 29-10-101 prescribes a single statutory form. The form must be used in substantial compliance to be enforceable.

Notarization required

Wyoming is one of only 2 states (alongside Mississippi) requiring notarization. A non-notarized lien waiver is ineffective and invalid.

Unconditional by default

The statutory form acknowledges payment receipt and remains valid even if uncertified funds are later dishonored. Verify payment has cleared before signing.

Retainage carve-out built in

The statutory form reserves claims and lien rights for monies withheld as retainage. Specify the retainage amount on the form.

Preliminary notice required

Subs and suppliers must send notice to the owner within 30 days of first providing labor or materials (Section 29-2-112). Without it, lien rights are barred.

Filing deadlines vary by party

GCs: 150 days from last work or substantial completion. Subs/suppliers: 120 days. 20-day notice of intent required before filing.

Wyoming Lien Waiver Legal Requirements

Wyoming enacted its current lien waiver framework through SF 25 (2010), codified at Wyo. Stat. 29-10-101. The statute prescribes a single form that functions as an unconditional waiver. The form states that the signer "acknowledges receipt of payment for work performed or materials provided" and that 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." This language is uniquely risky: unlike states with conditional waiver options, Wyoming's statutory form can cost you lien rights even if a check bounces. The form includes a retainage reservation clause, allowing the signer to preserve lien rights over withheld retainage while waiving claims on amounts already paid. Notarization is mandatory — Wyoming is one of only 2 states with this requirement (alongside Mississippi). All contractors, subcontractors (subs), and suppliers must also comply with Wyoming's preliminary notice requirements under Section 29-2-112 before lien waiver exchange becomes relevant.

Recent Law Changes

  • SF 25 (2010): enacted the current lien waiver framework under Chapter 10 (Wyo. Stat. 29-10-101), adding the statutory waiver form and preliminary notice requirements.

Wyoming Conditional Progress Waiver

What It Is

Waives lien rights for a progress payment, effective only when the payment check clears the bank. This form adds conditional language not found in the Wyoming statute — it is adapted from the statutory form as an industry best practice, not a separate statutory prescription.

When to Use

When exchanging a waiver for a progress draw you haven't yet received or that hasn't cleared.

Key Legal Points

  • Wyoming's statutory form is unconditional by default. This form adds protective conditional language as an industry best practice.
  • The waiver becomes effective only upon verified receipt of payment in good and sufficient funds.
  • Preserves lien rights for unpaid retainage, pending change orders, and materials furnished after the covered period.
  • Must be notarized to be valid under Wyoming law.
  • Subs must have sent preliminary notice within 30 days of first work to preserve underlying lien rights.

Tips

  • This form goes beyond Wyoming's statutory minimum by adding conditional protection. Strongly recommended when payment hasn't cleared.
  • Always specify the retainage amount being reserved on the form.
  • Keep your notarized original — Wyoming courts may require it to prove validity.

Wyoming Unconditional Progress Waiver

Statutory reference: Wyo. Stat. 29-10-101

What It Is

Immediately and unconditionally waives lien rights for the stated progress payment amount upon signing. Follows the Wyoming statutory form language.

When to Use

Only after you've received the progress payment and confirmed the funds have cleared.

Key Legal Points

  • Follows Wyoming's statutory form: the waiver remains enforceable even if uncertified funds are later dishonored or revoked.
  • This means you bear the risk of a bounced check — your lien rights for the stated amount are gone regardless.
  • Retainage carve-out: the form reserves claims for monies withheld as retainage.
  • Must be notarized to be valid.
  • Excludes labor and materials furnished after the covered period.

Warning

Wyoming's statutory form is inherently risky. The waiver is enforceable even if payment bounces. Do not sign until funds have actually cleared your bank account — not just received, but cleared.

Tips

  • Wait for the check to clear before signing. Wyoming law provides no safety net for dishonored payments once this form is executed.
  • Document the cleared payment (bank statement, wire confirmation) before delivering the signed waiver.

Wyoming Conditional Final Waiver

What It Is

Waives all remaining lien rights on the project, conditioned on receipt and clearance of the final payment including all retainage. This form adds conditional language not found in the Wyoming statute — it is adapted from the statutory form as an industry best practice, not a separate statutory prescription.

When to Use

When submitting a request for final payment (including retainage) that you haven't received or that hasn't cleared yet.

Key Legal Points

  • Adds conditional protection beyond Wyoming's statutory unconditional form.
  • Covers all labor, services, equipment, and materials for the entire project.
  • Effective only when final payment (including retainage) clears the bank.
  • Must be notarized to be valid.
  • Retainage should be included in the final payment amount — the retainage carve-out no longer applies at final waiver stage.

Tips

  • Verify that the final payment amount includes all retainage, change orders, and disputed extras before signing.
  • If any amounts are still in dispute, resolve them before executing a final waiver or document the exclusions clearly.

Wyoming Unconditional Final Waiver

Statutory reference: Wyo. Stat. 29-10-101

What It Is

Immediately and irrevocably waives all lien rights on the project. Follows Wyoming's statutory form language. The most consequential waiver you can sign.

When to Use

Only after ALL payment — final payment plus all retainage — has been received and verified as cleared.

Key Legal Points

  • Follows Wyoming's statutory form. Once signed and notarized, all lien rights are permanently waived.
  • The statutory language means this waiver is enforceable even if payment is later dishonored — there is no recourse through lien rights.
  • Covers the entire project: all labor, services, equipment, and materials.
  • No retainage carve-out — this is a complete and final release.
  • Must be notarized.

Warning

This is the point of no return. Once executed, you cannot file a mechanics lien for any amount on this project. Verify every dollar — including retainage — has cleared before signing. Wyoming's statutory language offers zero protection against dishonored payments.

Tips

  • Confirm every payment has cleared, including the final retainage release.
  • If any dispute remains, use a conditional final waiver instead and resolve the dispute separately.
  • Keep a copy of all cleared payment documentation alongside the executed waiver.

Common Wyoming Lien Waiver Mistakes

  1. 1

    Signing the statutory form before payment clears

    Wyoming's statutory waiver remains enforceable even if payment is dishonored. Unlike conditional waivers in other states, the standard Wyoming form doesn't protect you from bounced checks. Always wait for funds to clear before signing.

  2. 2

    Skipping notarization

    Wyoming is one of only 2 states (alongside Mississippi) requiring notarization for lien waivers. A non-notarized waiver is technically ineffective and invalid. Don't assume it works like most other states where notarization is optional.

  3. 3

    Forgetting to send preliminary notice

    Subs and suppliers must notify the property owner within 30 days of first providing labor or materials (Section 29-2-112). Without this notice, your lien rights are barred — and a lien waiver for rights you don't have is meaningless.

  4. 4

    Not specifying the retainage amount

    Wyoming's statutory form includes a retainage carve-out, but you must fill in the actual retainage amount being reserved. Leave it blank and you risk waiving retainage claims along with everything else.

  5. 5

    Confusing GC and sub filing deadlines

    GCs get 150 days from last work or substantial completion to file a lien. Subs and suppliers get only 120 days. Missing your deadline by even a day eliminates your lien rights entirely.

Wyoming Lien Waiver FAQ

Does Wyoming require a statutory lien waiver form?
Yes. Wyo. Stat. 29-10-101 prescribes a specific lien waiver form. The form must be used in substantial compliance to be enforceable. Wyoming is one of only 12 states with a mandatory statutory form.
Do lien waivers need to be notarized in Wyoming?
Yes — Wyoming is one of only 2 states (alongside Mississippi) requiring notarization. A non-notarized lien waiver is ineffective and invalid under Wyoming law.
What's the difference between a conditional and unconditional lien waiver in Wyoming?
Wyoming's statutory form is unconditional by default — it acknowledges payment receipt and remains enforceable even if payment is later dishonored. The statute doesn't provide a conditional option. However, industry practice uses conditional waivers (with added protective language) when payment hasn't cleared. This is a best practice, not a statutory requirement.
What happens if payment bounces after I sign a Wyoming lien waiver?
You lose your lien rights for the stated amount. Wyoming's statutory form explicitly 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." This is why waiting for payment to clear is critical in Wyoming.
What is the retainage carve-out on Wyoming's lien waiver form?
The statutory form includes a clause that reserves "all claims and/or rights of lien as to monies withheld as retainage." You must specify the retainage amount on the form. This allows you to waive claims for paid amounts while preserving lien rights over withheld retainage.
What are Wyoming's mechanics lien filing deadlines?
General contractors (GCs): 150 days from the earlier of last work performed or substantial completion. Subcontractors and suppliers: 120 days from the same triggers. All parties must also send a 20-day notice of intent before filing the lien statement.
Is preliminary notice required in Wyoming?
Yes. GCs must notify the owner before receiving any payment, including advances. Subs and suppliers must send notice within 30 days of first providing labor or materials (Section 29-2-112). Without preliminary notice, lien rights are barred.
Are advance lien waivers enforceable in Wyoming?
Wyoming doesn't specifically prohibit advance waivers like some states (e.g., Texas and California). However, given the statutory form's unconditional language, signing an advance waiver in Wyoming is extremely risky — you'd be waiving lien rights before any work is done or payment received.
Does Wyoming have a retainage cap on private construction projects?
No. Wyoming doesn't regulate retainage on private projects — there's no statutory cap or mandated release timeline. The statutory lien waiver form's retainage carve-out is your primary protection for withheld retainage.
How long do I have to foreclose on a mechanics lien in Wyoming?
You must commence a foreclosure action within 180 days after filing the lien statement. Miss this deadline and the lien expires. Wyoming also requires you to file a satisfaction notice within 30 days of receiving payment, with penalties of 10% per day of the lien amount for late release.