Wyo. Stat. » Wyo. Stat. / Title 29 - Liens / Chapter 2 - CONTRACTORS OR MATERIALMEN / Article 6 - FALSE OR FRIVOLOUS LIENS
Wyoming Statutes

Wyo. Stat. § 29-2-109 (2026)

Limitation of actions; duration of liens.

✓ current as of May 2026
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All actions to foreclose or enforce a lien under this chapter
shall be commenced within one hundred eighty (180) days after
the filing of the lien statement. No lien shall continue to
exist except by virtue of the provisions of this chapter for
more than one hundred eighty (180) days after the lien is filed
unless an action to foreclose the lien is instituted.
Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1978–2021 · leading case: Diamond Hill Inv. Co v. Shelden, 767 P.2d 1005 (Wyo. 1989).
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Diamond Hill Inv. Co v. Shelden, 767 P.2d 1005 (Wyo. 1989). · cites it 20× “IV 1986), operate to toll the statute of limitations found in Wyo. Stat. § 29-2-109 (1977) requiring commencement of an action to foreclose a contractors'/materialmen's lien within 180 days after filing the lien statement? The relevant facts in this case involve its procedural…”
Engle v. First Nat'l Bank of Chugwater, 590 P.2d 826 (Wyo. 1979). · cites it 5× “If the contracts are found to be valid, they should be viewed as continuing contracts and the indebtedness not yet accrued, thus not fulfilling the requirements of § 29-2-109, W.S. 1977. 5 4. The lien statements filed in this case are fatally defective because they describe the…”
Miller v. State, 732 P.2d 1054 (Wyo. 1987). · cites it 4× “Section 29-2-109, W.S. 1977. Because criminal prosecution was not instituted until 1985, it was then clear that neither the home owners nor the lenders were exposed to security jeopardy from the lien notices that had been filed in 1982 and 1983.”
Cowboy's LLC v. Schumacher, 419 P.3d 498 (Wyo. 2018). · cites it 2× “" Wyo. Stat. Ann. § 29-2-109 (LexisNexis 2011).”
Tottenhoff v. Rocky Mountain Constr. Co., 609 P.2d 464 (Wyo. 1980). · cites it 5× “The district court held that the claimant’s Notice of Lien was prematurely filed and is invalid and unenforceable under the provisions of § 29-2-109, W.S.1977, which provided that “ * * * the original contractor shall not file a lien prior to the expiration of sixty (60) days…”
Seafirst Mortg. Corp. v. Specialty Concrete Constr., 708 P.2d 1245 (Wyo. 1985). · cites it 4× “Section 29-2-109, W.S.1977, 1 provides for a statute of limitations pertinent to *1247 mechanic’s and materialman’s liens.”
White v. Diamond Int'l Corp., 665 P.2d 463 (Wyo. 1983). · cites it 10× “The contents of such a statement were governed by the provisions of § 29-2-109, W.S. 1977, which provided: “It shall be the duty of every original contractor, within four (4) months, and every subcontractor, and every journeyman and day laborer, and every other person seeking to…”
Aetna Ins. Co. v. Lythgoe, 618 P.2d 1057 (Wyo. 1980). · cites it 2× “2d 464 (1980), which involved a question of when a roofing contract had been completed for purposes of applying our mechanic's lien statute, § 29-2-109, W.S. 1977. Referring there to earlier Wyoming cases, the court said at 609 P.”
Foster Lumber Co., Inc. v. Hume, 645 P.2d 1176 (Wyo. 1982). · cites it 3× “The district court held that the materialman’s lien was not filed within the 90-day period specified by § 29-2-109, W.S.1977. 2 The district court further held that the notice of intent to file a lien which was forwarded by the materi-alman to the owners failed to state from…”
Am. Bldgs. Co. v. Wheelers Stores, 585 P.2d 845 (Wyo. 1978). “The word “contractor” is amplified by § 29-2-109, W.S.1977, when it sets out the lien filing procedure: “It shall be the duty of every original contractor, within four (4) months, and every subcontractor, and every journeyman and day laborer, and every other person seeking to…”
Kirby Bldg. Sys., Inc. v. Indep. P'ship No. One, 634 P.2d 342 (Wyo. 1981). “1967, [§ 29-2-109, W.S.1977, 4 ] which provides that every person seeking to obtain the benefits of the lien statutes shall within the prescribed time file with the county clerk ‘a just and true account of the demand due him * * * after all just credits shall have been given,’…”
Hamel v. Am. Cont'l Corp., 713 P.2d 1152 (Wyo. 1986). “W.S. 29-2-109 mandates that: “All actions to foreclose or enforce a lien under this chapter shall be commenced within one hundred eighty (180) days after the filing of the lien statement.”
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