West Virginia Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanic Lien Rights Under W. Va. Code §38-2-1 et seq. — Private Works, Notice to Owner & Public Project Bond Claims
West Virginia mechanic lien deadline table with toggles for project type and claimant type.
West Virginia Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
Record the Notice of Mechanic's Lien with the county clerk within 100 days after last furnishing or cessation of work.
Serve a copy on the owner within 15 days of recording.
Commence suit to enforce the lien within 6 months after recording the Notice of Mechanic's Lien.
Preliminary Notice
Mechanic Lien
Record the Notice of Mechanic's Lien with the county clerk within 100 days after last furnishing or cessation of work.
Serve a copy on the owner within 15 days of recording.
Enforcement
Commence suit to enforce the lien within 6 months after recording the Notice of Mechanic's Lien.
West Virginia Mechanic Lien Law Overview
West Virginia construction mechanic lien rights are governed by W. Va. Code §38-2-1 et seq. This statute provides mechanic's lien rights to contractors, subcontractors, and material suppliers who furnish labor or materials for the improvement of real property in the State of West Virginia. The law establishes the procedures for perfecting and enforcing construction mechanic liens, including specific notice obligations and strict filing deadlines.
General contractors in West Virginia are not required to serve a preliminary notice to preserve their mechanic lien rights, as their direct contract with the property owner establishes privity. However, subcontractors and material suppliers who do not have a direct contractual relationship with the property owner must serve a notice to the owner within 30 days of first furnishing labor or materials to protect their mechanic lien rights.
All claimants must file a Notice of Mechanic Lien within 60 days of the date of last furnishing labor or materials to the project. This is a relatively short filing window compared to many states, making timely action essential. Once filed, suit to enforce the mechanic lien must be commenced within 6 months from the date of mechanic lien filing.
Public works bond claims in West Virginia are governed by W. Va. Code §21-1C-1. Claimants must serve notice within 90 days of the date of last furnishing work or materials. Suit on the bond must be filed no earlier than 60 days and no later than 1 year after the date last work was performed. National Lien & Bond provides attorney-backed compliance and recovery services to assist West Virginia construction professionals in protecting their payment rights.
Topics on This Page
West Virginia Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for West Virginia construction mechanic lien law.
Notice Requirements
Notice to owner within 30 days of first furnishing for subs/suppliers not in privity; no notice required for general contractors
Mechanic Lien Deadlines
Notice of Mechanic Lien within 60 days of last furnishing for all claimants
Mechanic Lien Enforcement Deadlines
Suit within 6 months of mechanic lien filing; public works bond suit between 60 days and 1 year
Frequently Asked Questions
What statute governs mechanic liens in West Virginia?
Mechanic's liens are governed by W. Va. Code §38-2-1 et seq. Public works bond claims are governed by W. Va. Code §21-1C-1.
Is a preliminary notice required to file a mechanic lien in West Virginia?
General contractors are not required to serve a preliminary notice. Subcontractors and suppliers not in privity with the owner must serve notice to the owner within 30 days of first furnishing.
What is the deadline to file a mechanic lien in West Virginia?
All claimants must file a Notice of Mechanic Lien within 60 days of the date of last furnishing labor or materials under W. Va. Code §38-2-1 et seq.
How does West Virginia mechanic lien law differ from other states?
West Virginia has a relatively short 60-day mechanic lien filing deadline and a 6-month enforcement period. Subcontractors must serve notice to the owner within 30 days, and public works bond claims have a mandatory 60-day waiting period before suit.
What are the notice requirements for West Virginia public works bond claims?
Claimants must serve notice within 90 days of the date of last furnishing. Suit on the bond must be filed between 60 days and 1 year after last work was performed.
What is the deadline to file suit to enforce a West Virginia construction mechanic lien?
Suit must be commenced within 6 months from the date the mechanic lien was filed. For public works bond claims, suit must be filed between 60 days and 1 year after last work performed.