Wyoming Statutes
Wyo. Stat. § 29-2-108 (2026)
Duty of contractor to defend action; liability
✓ current as of May 2026
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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. 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.
Notes of Decisions
Cited in 2
cases, 1986–2012 · leading case: KM Upstream, LLC v. Elkhorn Constr., Inc..
KM Upstream, LLC v. Elkhorn Constr., Inc. (Wyo. 2012). “Wyo. Stat. Ann. § 29-2-108 (LexisNexis 2007).”
Hamel v. Am. Cont'l Corp. (Wyo. 1986). “29-2-108 1 substantially unchanged, this Court said that this section was incorporated in the lien laws for the owner’s protection, and the owner has a clear right to insist that the contractor be made a party. The contractor is a necessary party only in the sense that the owner…”
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