West Virginia mechanics lien law and deadlines
In West Virginia every claimant has 100 days after finishing its work or last delivery to perfect a lien. Subs and suppliers must also serve a notice on the owner in that window, and the lien dies unless suit is filed in circuit court within six months of recording.
West Virginia's mechanics lien law sits in Chapter 38, Article 2 of the West Virginia Code. The headline number is 100. Under § 38-2-7, a lien from a general contractor, subcontractor, supplier, or laborer is discharged 100 days after that claimant finishes its contract, last delivers material, or last performs labor, unless the claimant perfects it in that window. Perfecting means recording a sworn notice of lien with the county clerk where the property sits, and for anyone who did not contract with the owner, also serving a notice on the owner. After recording, § 38-2-34 gives you six months to file suit in circuit court.
| Step | Deadline or rule | W. Va. Code |
|---|---|---|
| General contractor: record notice of lien | Within 100 days after completing the work under the contract | § 38-2-8 |
| Subcontractor: serve owner and record | Serve notice on the owner and record it within 100 days after completing the subcontract | § 38-2-9 |
| Supplier to a contractor or sub: serve owner and record | Within 100 days after ceasing to furnish materials or equipment | § 38-2-11 |
| Optional advance notice to owner | May be given before starting work; relieves the 60-day account filing unless the owner demands it in writing | § 38-2-20 |
| Suit to enforce | Commence in circuit court within 6 months after recording the notice of lien | § 38-2-34(a) |
| Residential defense | Owner of an existing single-family or owner-occupied dwelling may defend that it owes the contractor nothing or less than the lien | § 38-2-34(b) |
| Public buildings | No lien; contractor bond required instead | § 38-2-39 |
Who has lien rights in West Virginia
The article builds lien rights tier by tier. Section 38-2-1 covers anyone who builds, alters, repairs, or improves a structure under a contract with the owner, including people who provide services. Section 38-2-2 covers subcontractors, § 38-2-3 and § 38-2-4 cover material and equipment suppliers (whether they sell to the owner or to a contractor or sub), and §§ 38-2-5 and 38-2-6 cover mechanics and laborers. Section 38-2-6a extends lien rights to architects, surveyors, engineers, and landscape architects, who perfect their liens under whichever rule fits their role: contractor, sub, supplier, or laborer.
That role matters because the paperwork changes with it. A GC that signed with the owner only records. A sub or supplier further down has to put a notice in the owner's hands as well.
Notice to the owner: optional up front, required at the end
West Virginia has no mandatory preliminary notice at the start of a job. Section 38-2-20 does allow a laborer or supplier working for someone other than the owner to send the owner a written notice, before starting work, saying it will look to the owner if its employer does not pay. Sending it means the claimant does not have to file an account with the owner within 60 days after its last work unless the owner asks for one in writing within those 60 days. It is cheap insurance on a job where you do not know the GC well.
The required owner notice comes at the end. Under § 38-2-9, a subcontractor must, within 100 days after completing its subcontract, give the owner or the owner's authorized agent a sworn notice of lien by a method allowed for serving a legal notice or summons. Section 38-2-11 imposes the same duty on a supplier who sold to a contractor or sub, measured from the day it stopped furnishing material, and its notice includes an account of what was delivered, when, and at what price. Both sections print the wording of the notice. Mailing a regular invoice reminder does not count.
Recording the notice of lien
Every claimant records. Section 38-2-8 says a general contractor records its notice of lien within 100 days after completing its work, in the office of the clerk of the county where the property is located, and it prints the form: the amount claimed, a description of the real estate, the buildings or improvements charged, and a sworn statement before a notary. Subs and suppliers record a notice in that same form within the same 100 days (§§ 38-2-9 and 38-2-11). A supplier's recorded notice does not need to repeat the itemized account.
Say an electrical sub finishes rough-in and trim on a $650,000 office renovation on March 1 and is still owed $42,000. Its clock runs from March 1, not from the date the GC finishes. By early June it needs a served owner notice and a recorded notice of lien, or the lien is gone.
Enforcing the lien: six months to sue
Under § 38-2-34(a), the lien is discharged unless an action to enforce it is commenced in circuit court within six months after the claimant recorded its notice. One suit helps everyone: an action brought by one lienholder preserves the liens of all others on the same property, and they may intervene to enforce their own claims. Do not count on someone else's suit, though. Calendar your own six-month date the day you record.
Homes and owner-occupied residences
Residential work carries real risk for subs and suppliers. Since July 1, 2015, § 38-2-34(b) gives the owner an affirmative defense, in full or in part, that it is not indebted to the contractor or owes less than the lien amount. The defense applies to an existing single-family dwelling, a residence built by or for the owner before it moves in as a primary residence, and a single-family owner-occupied dwelling (with a carve-out for developers and builders of multiple homes). In plain terms, if the homeowner already paid the GC, a sub's lien on that house may recover little or nothing. Get paid on time, or get payment terms that do not leave you carrying big balances on homes.
Lien waivers in West Virginia
Article 2 does not include a statutory lien waiver form, so the waiver you sign is whatever your contract or the paying party's form says. Read each one. Make sure a progress waiver is limited to the payment you actually received, and use a conditional lien waiver when you are signing before the check clears. When a lien is paid off, § 38-2-36 covers discharge and release of record.
Public projects use payment bonds instead
You cannot lien a public building in West Virginia. Section 38-2-39 requires public bodies that contract for construction, repair, or alteration of public buildings to take a bond from the contractor, in a penal sum at least equal to the reasonable cost of the labor, materials, and equipment, conditioned on paying everyone who furnishes them. The bond is recorded with the county clerk, and the contract is not binding until it is. The statute also says nothing in the article gives a lien on the public building or its land. Unpaid subs and suppliers claim against the payment bond instead.
For the rest of the West Virginia picture, see the West Virginia prompt payment rules, West Virginia prevailing wage, and West Virginia contractor licensing. Smart Business Automator tracks open balances, waivers, and last-work dates on every job, so overdue receivables surface well before day 100. See construction accounts receivable automation.
Frequently asked questions
How long do I have to file a mechanics lien in West Virginia?
100 days. A general contractor records its notice of lien within 100 days after completing its work. A subcontractor or supplier must serve the owner and record within 100 days after completing its subcontract or last furnishing material.
Does West Virginia require a preliminary notice?
No mandatory notice is required at the start of a job. Section 38-2-20 allows an optional advance notice to the owner, and subs and suppliers must serve a notice of lien on the owner within the 100-day perfection window.
Where do I record a West Virginia lien?
With the clerk of the county commission in the county where the property is located, using the sworn notice form in § 38-2-8.
How long does a West Virginia lien last?
It is discharged unless you file suit to enforce it in circuit court within six months after recording the notice of lien.
Can I lien a school or county building in West Virginia?
No. Section 38-2-39 bars liens on public buildings and requires the contractor to post a bond that protects subs, suppliers, and laborers.
Sources
- West Virginia Code: Chapter 38, Article 2 (mechanics liens) section list
- West Virginia Code § 38-2-7: Necessity and period for perfecting lien
- West Virginia Code § 38-2-8: Notice and recordation of contractor's lien
- West Virginia Code § 38-2-9: Notice and recordation of subcontractor's lien
- West Virginia Code § 38-2-11: Supplies furnished to contractor or subcontractor
- West Virginia Code § 38-2-20: Preliminary notice to owner
- West Virginia Code § 38-2-34: Time to bring suit; residential defense
- West Virginia Code § 38-2-39: Public building bond; no lien
- West Virginia Code § 38-2-6a: Architect, surveyor, engineer lien
Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.