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A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules on who can lien, what notices are required, and when liens must be filed and enforced. This guide walks through the essentials of West Virginia's lien rights so you can better protect your right to be paid.
Optional; if sent, waives 60-day account filing requirements unless the owner demands it
Optional; if sent, waives 60-day account filing requirements unless the owner demands it
Optional; if sent, waives 60-day account filing requirements unless the owner demands it
Not required
Not required
Not required
Within 100 days after completing the contracted work
Within 100 days after last furnishing of work or materials
Within 100 days after last labor performed
Within 6 months after the lien is filed
Within 6 months after the lien is filed
Within 6 months after the lien is filed
Unpaid contract price for lienable work, labor, materials, equipment, and related services furnished
Unpaid value for lienable labor, materials, machinery, equipment, supplies, and services furnished
Unpaid value for lienable labor performed
Mechanic's lien rights in West Virginia are governed by W. Va. Code §§ 38-2-1 through 38-2-38. These statutes apply only to private construction projects. (Public projects can't be liened in West Virginia. Payment issues on public work are handled through payment bond protection instead.)
For the most part, West Virginia's mechanic's lien system is straightforward. The most important thing to protect your lien rights is meeting the lien filing and enforcement deadlines, as well as any corresponding role-specific requirements. We break it all down below.
In West Virginia, mechanic’s lien rights extend to:
- General (original) contractors
- Subcontractors and lower-tier subcontractors
- Material suppliers and equipment furnishers
- Mechanics, laborers, and tradespeople
- Architects, surveyors, engineers, and landscape architects
West Virginia’s mechanic’s lien law covers work that improves real property—things like building, repairing, altering, or removing a building or structure. It also covers work that improves the land the project sits on and any services tied to that work (W. Va. Code § 38-2-1).
Here are some examples of what’s considered lienable and what isn’t.
Lienable Work in West Virginia
- Construction, alteration, removal, or repair of buildings/structures and appurtenant improvements
- Labor, work, and services necessary to complete the improvement
- Materials, machinery, equipment, and necessary supplies furnished for use in the improvement
- Qualifying professional services (architecture, surveying, engineering, landscape architecture, etc.) when treated under the same rules as other lien claimants
Non-Lienable Work in West Virginia
- Work on public projects
- Purely administrative, overhead, or office services that don’t contribute to the improvement
- Materials or equipment not furnished for use in the improvement
Filing a lien in West Virginia is a straightforward process, but the state is rigid about notices and deadlines.
Deadline to File
West Virginia liens must be “perfected and preserved” within a strict 100-day window, and the trigger depends on your role:
- If you contracted directly with the owner (GCs, laborers, or suppliers to the owner), you must record a Notice of Mechanic’s Lien within 100 days after completing the contracted work.
- If you contracted with someone other than the owner (subcontractors, lower-tier suppliers, and laborers working under a contractor), you must both record a Notice of Mechanic’s Lien within 100 days after last furnishing work or materials and serve a copy on the owner.
If you miss any of these steps, your lien rights will likely be wiped out.
Filing Requirements
- Filing location: File the Notice of Mechanic’s Lien with the clerk’s office in the county where the property is located.
- Form requirements: The recorded lien must substantially follow the statutory form provided in W. Va. Code § 38-2-8 and include:
- The amount claimed
- An adequate, ascertainable description of the real estate to be charged
- Identification of the buildings, structures, or improvements sought to be charged
- Verification: The form must be sworn and notarized.
- Filing fee: Not specified
Service Requirements
As stated above (but worth repeating here), claimants who do not have a direct contract with the owner (typically subs, suppliers, and laborers) must also serve the owner with a Notice of Mechanic’s Lien in addition to recording it.
Service must be completed using a legally recognized method of service under West Virginia law (like personal delivery to the owner or certified mail). If the owner can’t be found, claimants must:
- Publish a copy as a Class II legal advertisement in the county where the property is located, and
- Post a copy in a conspicuous place on the property (W. Va. Code § 38-2-15).
Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in West Virginia.
Enforcement Requirements
- Enforcement deadline: Commence an action to enforce the lien within six months after the claimant files the lien notice.
- Filing location: File an enforcement action in a circuit court where the property is located.
- Lien priority: A mechanic’s lien generally comes ahead of mortgages or other liens recorded after work began on the project, but stays behind any mortgage recorded before work started. Additionally, laborers and suppliers are generally paid before the contractor or subcontractor that owes them, and lien claimants at the same level are usually treated equally.
Lien Release Requirements
Once the lien claim is paid, the lien claimant must record a discharge or release of the lien in the county clerk’s office where the lien was filed. If a claimant doesn’t release a lien after payment, the court can order the clerk to release it (W. Va. Code §§ 38-2-36; -37).
- Unified workflow: Manage lien rights within your billing and collections workflow to keep payment context in one place.
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West Virginia’s mechanic’s lien statutes don’t address contractor licensing as a requirement for filing a lien. The law focuses on whether you performed work, furnished materials, or provided services under a contract, not on your licensing status. That said, licensing requirements may affect your ability to enforce payment, so it's wise to maintain proper licensing for your trade.
Yes. West Virginia explicitly allows subcontractors, suppliers, and laborers who contract with a GC or another subcontractor to file mechanic’s liens.
No. West Virginia’s mechanic’s lien deadlines are set by statute and generally cannot be shortened by contract.
No, West Virginia does not require a Notice of Intent to Lien before filing a mechanic’s lien.
No, West Virginia does not require a preliminary notice to file a mechanic’s lien. However, subcontractors, suppliers, and laborers who are hired by a contractor (rather than directly by the property owner) can send one.
The main benefit is that it waives the requirement to file an itemized account with the owner within 60 days of completing work, unless the owner specifically demands it in writing. Even so, you still must file the actual lien within 100 days.
There is no statutory lien waiver form in West Virginia, so parties are free to use any format they choose. To ensure complete compliance, brush up on the specifics in our West Virginia lien waiver guide before your next project.
You can lien for the full amount owed for labor, materials, machinery, equipment, or services provided under your contract. This includes the contract price or the reasonable value of what you furnished.
On the other hand, you can't typically lien for:
- interest,
- attorney fees, or
- other indirect costs unless they were specifically part of your original contract for the work or materials.
West Virginia statutes don’t specify penalties for overstating a mechanic’s lien amount, but accuracy will go a long way toward a smooth enforcement process.
No. The statutes recognize liens for work performed "by virtue of a contract" but do not specify that the contract must be in writing. Oral agreements are sufficient, though having written documentation of your agreement, work performed, and amounts owed will make it easier to prove your claim if challenged.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.