Mechanic's Lien Guide
West Virginia Mechanic's Lien Guide
Lien deadlines, notice requirements, and filing procedures for contractors, subcontractors, and suppliers in West Virginia.
West Virginia Lien Deadlines
Preliminary Notice
Not requiredNotice of Intent to Lien
Not requiredMechanic's lien
100 daysTo perfect and preserve the lien, a subcontractor must, within 100 days after completion of the subcontract, (1) give the owner (or the owner's authorized agent) a notice of the lien by any method provided by law for service of a legal notice or summons, and (2) record a notice of the lien in the office of the clerk of the county commission (county clerk) of the county where the property is located. If either step is not completed within the 100-day window, the lien is discharged and avoided (W. Va. Code § 38-2-9). The recorded notice must be sufficient in form and effect as that provided in W. Va. Code § 38-2-8 and identify the subcontractor, the general contractor, the amount claimed, the nature of the subcontract, and the property and improvements involved.
Enforcement
6 monthsA suit to enforce the lien must be commenced in circuit court within 6 months after the notice of lien is filed in the clerk's office, or the lien is discharged (W. Va. Code § 38-2-34).
Calculate your West Virginia Mechanics Lien Deadline
Your project
DISCLAIMER: These deadlines are pulled from recent lien laws, but you should consult a lien expert or lawyer to understand the deadlines specific to your situation.
West Virginia deadlines
Showing deadlines for a Subcontractor. Deadlines can vary by role.
Enter your project dates on the left to calculate exact deadline dates.
Preliminary Notice
60 days from first furnishing (public/bond projects, claimant contracted with GC)
Enter project dates to calculate
Mechanics Lien Filing
100 days from last furnishing
Enter project dates to calculate
Enforcement (foreclosure)
6 months from the date the lien was filed
Calculated once you record the lien
West Virginia Lien Guide
Preliminary Notice & Notice of Intent
Preliminary Notice: Not required for a private mechanic's lien in West Virginia. Notice of Intent to Lien: Not required. However, subcontractors and suppliers must give the owner a notice of the lien within 100 days after completing their subcontract, at the same time the notice of lien is recorded with the county clerk (W. Va. Code § 38-2-9).
Who Can File a Mechanic's Lien
General contractors, subcontractors, laborers, and materialmen/suppliers who furnish labor, materials, machinery, equipment, supplies, or services for the erection, construction, alteration, repair, or removal of a building or other structure are entitled to a mechanic's lien in West Virginia (W. Va. Code §§ 38-2-1, 38-2-2, 38-2-3, 38-2-6).
Who Gets the Notice
The recorded notice of lien is filed with the clerk of the county commission (county clerk). Subcontractors and suppliers must also serve a notice of the lien on the project owner or the owner's authorized agent.
Information Required
Information needed to record a mechanic's lien in West Virginia includes: - Claimant's name and information - Name of the owner (and, for subcontractors/suppliers, the general contractor) - Amount claimed to be due - Description of the property (lot and block numbers or other adequate and ascertainable description) - Description of the buildings, structures, or improvements - Date and verification by oath (notarized)
West Virginia Public Works
In West Virginia, a mechanic's lien is not available against public property. Subcontractors and suppliers on public projects instead pursue a claim against the prime contractor's payment bond (West Virginia Little Miller Act). As a best practice on public and bond projects, a preliminary notice should be given to the general contractor and public authority within approximately 60 days of first furnishing labor or materials. A bond claim should be made within approximately 90 days of last furnishing labor or materials. Deadlines and requirements are governed by the applicable bond and public-contract statutes, so confirm the specific project's terms.
West Virginia Lien Statutes
Official Resources
Protect Your Cash Flow
Filing a mechanic's lien is the last resort. Billd helps you get paid faster so you can focus on building.
Get StartedRelated Articles
For more insights on protecting your payment rights and navigating lien laws, read these articles below.
The Billder's Bulletin
Construction finance intelligence, delivered monthly.
Join thousands of construction executives getting the Billder's Bulletin.