Wyoming: Mechanic's Lien Waiver Form and Advance-Waiver Rules
The short answer
Wyoming has no statute voiding an advance lien waiver, but its lien Act protects downstream claimants: a contract between the owner and the general contractor cannot restrict a subcontractor's or materialman's right to file a lien. Wyoming supplies a single statutory 'LIEN WAIVER' form that a waiver must substantially follow. It is given for payment received to date, reserves retainage and later unpaid work, must be notarized, and stays effective even if a check the claimant accepts later bounces — but does not apply if the owner's own payment is dishonored.
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This is the general rule in Wyoming. Ezel applies current Wyoming law to your specific facts and answers with citations to the statutes.
| Governing law and project scope | Revised Wyoming Statutory Lien Act, W.S. Title 29 — ch. 2 construction liens for contractors, subcontractors, and materialmen; ch. 10 statutory forms. Private real-property improvements; the Act supplies a statutory lien-waiver form at § 29-10-101(b). No separate residential track. |
|---|---|
| Advance or prospective waiver | No statute voids a claimant's own advance or no-lien waiver; the Act supplies a payment-stage waiver form but bars no prospective waiver a claimant signs for itself. Downstream rights are protected: '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' (§ 29-2-106(b)). |
| Statutory form requirement | Prescribed single form. A lien waiver 'shall be completed in substantially the following form' — the § 29-10-101(b) LIEN WAIVER. One form only, not separate conditional/unconditional or progress/final versions; the statute declares no void or penalty for a nonconforming private waiver. |
| Waiver types and payment stage | One statutory 'LIEN WAIVER' for payment 'received to date'; no separate conditional/unconditional or progress/final variants. It functions as a partial waiver — it reserves retainage and later-furnished unpaid work — so it can be used at a progress or a final stage (§ 29-10-101(b)). |
| Payment and effectiveness | Given 'in consideration of the PAYMENT received to date.' The form 'may be relied upon by the owner even if the undersigned accepts payment in uncertified funds and such payment is subsequently dishonored or revoked,' staying effective in that case; but 'shall not apply … if payment tendered by the owner is dishonored or revoked' (§ 29-10-101(b)). |
| Required contents, exceptions, and through date | Fields: TO, PROJECT, FROM, DATE, and PAYMENT amount. It reserves retainage (stated amount) and 'any labor and/or materials hereafter furnished for which payment has not yet been made,' and states an unpaid sum with a retained right to file a lien and pursue equitable claims (§ 29-10-101(b)). No separate through-date field. |
| Rights released and reserved | Waives 'any and all claim and/or right of lien against the project and the real property improvements … for labor and/or materials.' Reserves retainage, later unpaid work, the stated unpaid sum, and 'any and all equitable claims.' The form does not address payment-bond or stop-notice rights (§ 29-10-101(b)). |
| Signature, authority, notary, and format | Signed 'By' the subcontractor/materialman/employee with title and date, and notarized — the form ends with a notarial acknowledgment block. A note advises the claimant to consult an attorney before signing (§ 29-10-101(b)). |
| Noncompliance, remedies, and transition traps | Substantial-compliance form; the Act states no void or penalty for a nonconforming waiver, and its non-notice provisions are strictly construed. § 29-2-106(b) independently blocks an owner-contractor contract from restricting a subcontractor's or materialman's lien. Part of the 2010 Revised Wyoming Statutory Lien Act; no pending amendment found. |
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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)
Source links
Every statute quoted above, linked, with the date we checked it.
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