West Virginia
Mechanics Lien & Notice FAQs

It's easy to file West Virginia mechanics liens with zlien, the web's leading all-in-one mechanics lien compliance manager and security platform. Plus, zlien's platform can help you prepare and file mechanics lien cancellations, preliminary notices, and more. West Virginia is a Full Price state. To learn more about West Virginia's mechanics lien law, read the frequently asked questions below.

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West Virginia

Preliminary Notice Deadlines
10 Days

Generally none, but WV allows for providing a notice prior to work.

West Virginia

Mechanics Lien Deadlines
100 Days

Lien must be filed w/in 100 days from last providing labor or materials, and enforced within 6 months from lien's filing.

File your West Virginia lien online now.

West Virginia

Preliminary Notice Deadlines
60 Days

Generally none, but WV allows for providing a notice prior to work.

West Virginia

Mechanics Lien Deadlines
6 Months

Lien must be filed w/in 100 days from last providing labor or materials, and enforced within 6 months from lien's filing.

File your West Virginia lien online now.

West Virginia

Preliminary Notice Deadlines
60 Days

Generally none, but WV allows for providing a notice prior to work

West Virginia

Mechanics Lien Deadlines
6 Months

Lien must be filed w/in 100 days from last providing labor or materials, and enforced within 6 months from lien's filing.

File your West Virginia lien online now.

Try Our Lien & Notice Deadline Calculator >

Complete Guide to West Virginia Lien Law

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West Virginia Frequently Asked Questions

West Virginia Mechanics Lien FAQs

In West Virginia, contractors, subcontractors, and suppliers of labor and/or materials to property owners, contractors, or subcontractors, on a project to build, erect, construct, alter, remove, repair or improve a building, structure or improvement are entitled to a mechanics lien.

Architects, surveyors, engineers, and landscape architects are also entitled to mechanics lien protection in West Virginia.

Note, however, that only parties within the first 3 tiers of the project are entitled to lien rights in West Virginia.

In West Virginia, a potential lien claimant must file a mechanics lien within 100 days from the date of the claimant’s last delivery or completion of claimant’s contract. If the due date falls on a holiday the notice is due on the day prior to the due date. The lien must also be received by the owner within the same 100 day time frame.

All claimants who do not contract directly with the owner of the property must give a notice to the property owner or the owner’s agent. All claimants may provide notice that the lien was recorded, and it may be best practice to do so to facilitate payment. The notice is required to be served on the property owner within the same 100 day period in which the lien is required to be filed – there is no requirement as to whether the lien should be recorded first or whether the notice of the lien should be sent first. Note that the notice provided to the owner is different than the recorded lien.

No. West Virginia does not generally allow attorney’s fees, lost profits, or other indirect or consequential damages to be included in the lien amount. West Virginia also does not provide for the award of attorney’s fees to the prevailing party in a lien foreclosure lawsuit.

In West Virginia, an action to enforce a mechanics lien must be initiated within 6 months from filing the lien.

In West Virginia, a mechanics lien is governed by the “first-in-time, first-in-right” rule, but relates back to the date of first furnishing of labor and/or material to the project. It is superior to an encumbrance recorded after labor and/or materials were first furnished to the project, and subordinate to encumbrances recorded prior to that date.

As to competing mechanics lien claims, liens of laborers, artisans, mechanics, workmen, and materialmen have first priority, and a lien of a subcontractor takes priority over the lien of a general contractor.

No. In West Virginia, a mechanics lien requires a “a description of the building or other structure or improvement appurtenant thereto, into which the materials and labor went, and for which the claim of lien is made, together with a description of the property upon which such improvements are located.” It is sufficient if the property is described as such that it may be readily identified.

Yes. A mechanics lien in West Virginia must be notarized to be valid.

Yes. West Virginia does not impose any additional mandatory licensing requirements in order to claim a mechanics lien. However, it is never recommended to perform work for which a license is required without having that license.

Yes. A mechanics lien may be filed against a condominium project in West Virginia, to the extent you are a party otherwise allowed to file a mechanics lien.

When a lien is satisfied, the lien claimant is required to execute and record a lien release. If the lien claimant refuses, the court may order the lien release.

West Virginia does not have statutory lien waiver forms; therefore, you can use any lien waiver form. Since lien waivers are unregulated, be careful when reviewing and signing lien waivers.

West Virginia state law is unclear or silent about whether contractors and suppliers can waive their lien rights before any work on the project begins. Accordingly, you want to proceed with caution on this subject.

To learn more about lien waivers, see our West Virginia Lien Waiver FAQs and Resources.

West Virginia Preliminary Notice FAQs

Preliminary Notice is not required by West Virginia lien law. However, any party may provide the property owner with preliminary notice in an effort to facilitate payment.

If sent, the preliminary notice should be provided prior to the furnishing of labor and/or materials.

This is an optional notice, so there is no consequence for sending the notice late.

There is no specific provision as to how this notice must be sent, but certified mail is sufficient.

Notices sent by certified or registered mail are considered delivered when sent.