West Virginia Lien Laws

In the state of West Virginia, existing lien law statutes provided in the state code note specific procedures for contractors and materials suppliers to obtain lien rights on project they are affiliated with. These rights to make claim on liens is essential in the event an owner does not issue payment for services or materials rendered. Protect your rights to lien in the state of West Virginia through becoming familiar with all of the important actions and timelines regarding lien laws in the state.

Primary Contractors in West Virginia

In the state of West Virginia, primary contractors are under no compulsory obligation to file any form of preliminary notice of intent to lien in order preserve their lien rights. When attempting to file claim on liens, a notice of lien should be filed before one hundred (100) days lapses following the completion of a given job. Any further action to enforce lien claims must begin before six (6) months passes from the filing of the notice of lien.

Sub Contractors in West Virginia

Sub contractors are under no obligation to file preliminary notice to preserve their lien rights, however, they have an option to do so, if desired. Otherwise, much like prime contractors, sub contractors must follow these procedures and timelines when making a claim on lien, including:

  • File and serve notice of lien within one hundred (100) days of last date on project
  • Begin any enforcement of lien claims action within six (6) months of the filing of the lien date

Materials Suppliers in West Virginia

Materials suppliers in the state of West Virginia have the same preliminary notice and claim on lien procedures as sub contractors and primary contractors in the state of West Virginia.

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