Who uses this form
Wyoming's lien law contains a single lien waiver form, set out in Wyo. Stat. § 29-10-101(b) [1]. There is no set of variants to choose among: the statute does not split its waiver into conditional and unconditional versions or into progress and final versions. One form carries the whole scheme.
The statute gives that form mandatory force. A lien waiver in Wyoming is to be completed in substantially the form the statute prints [1]. The person giving the waiver is called "the undersigned" in the body of the form and "lien claimant" in its closing acknowledgment, and the signature line is labeled "subcontractor/materialman/employee" [1].
What the statute says about it
The waiver is tied to money already received. Its operative sentence begins "In consideration of the PAYMENT received to date" and waives claims and rights of lien against the project and its real property improvements for labor and materials furnished [1].
The form also keeps certain claims alive. It reserves claims and rights of lien for monies withheld as retainage, and for labor and materials furnished later that have not yet been paid for. A separate sentence lets the claimant state a sum it has not been paid for work or materials under contract, and records that the claimant keeps the right to file a lien for it [1].
Dishonored payment appears twice in the text. One sentence says the waiver may be relied upon by the owner even if the claimant accepts payment in uncertified funds that is later dishonored or revoked. The last sentence of the body then reads "The foregoing waiver shall not apply, however, if payment tendered by the owner is dishonored or revoked." [1] The page prints both sentences as the statute does.
Notarization is required. The form ends with a notarial acknowledgment, placed after the claimant's signature, title and date lines [1].
Reading the blanks
The top of the form has lines for the person the waiver is addressed to, the project, the person it comes from, a date and the payment amount. The body has two dollar blanks: one for the amount withheld as retainage and one for the sum the claimant has not been paid.
Below the body, the claimant's block asks for a signature, a title and a date. The acknowledgment that follows has a venue for the state and county, and a line for the day, month and year the instrument was acknowledged. It names the person acknowledging, either as lien claimant or by title, position or type of authority granted by the lien claimant, and then names the lien claimant itself. It closes with the notarial officer's signature, the commission expiration date and the seal [1].
Related
- Lien waiver forms by state
- Wyoming retainage law
- Lien waiver template, labeled as not a statutory form, for states without a statutory form