West Virginia Mechanic Lien Filing Deadlines

All Claimants — 60-Day Filing Deadline

Under W. Va. Code §38-2-1 et seq., all claimants — including general contractors, subcontractors, and material suppliers — must file a Notice of Mechanic Lien within 60 days of the date of last furnishing labor or materials to the project.

The 60-day filing window is one of the shorter deadlines among U.S. states. Claimants should begin preparing their mechanic lien documentation well before the deadline to ensure timely filing.

Notice of Mechanic Lien Content Requirements

The Notice of Mechanic Lien must include the amount claimed, a description of the property subject to the mechanic lien, the name of the property owner, a description of the labor or materials furnished, and the dates of first and last furnishing.

The mechanic lien must be filed in the office of the clerk of the county commission in the county where the property is located. Accuracy in the property description and amounts claimed is essential to the validity of the mechanic lien.

Determining the Last Furnishing Date

The 60-day clock begins running from the last date on which labor or materials were actually furnished to the project. Minor corrective work or warranty repairs generally do not extend the last furnishing date.

Claimants should maintain detailed records of all work performed and materials delivered, including dates and descriptions, to clearly establish the last furnishing date if it is later disputed.

Prerequisite: Notice to Owner for Subs/Suppliers

Subcontractors and suppliers not in privity with the owner must have served their notice to the owner within 30 days of first furnishing as a prerequisite to filing a valid mechanic lien. Even if the 60-day filing deadline is met, failure to serve the preliminary notice may invalidate the mechanic lien.