West Virginia Mechanics Lien
Deadlines & Filing Rules
Every notice, deadline, and recording requirement for a West Virginia construction lien, drawn from W. Va. Code §§ 38-2-7, 38-2-8, 38-2-9, 38-2-14, 38-2-34 and the same rule engine that calculates deadlines for our filing customers.
West Virginia lien rules at a glance
- Preliminary notice
- Not required to preserve lien rights
- Lien filing deadline
- within 100 days after last furnishing labor or materials
- Notarization
- Required
- The lien claim must be sworn to under oath
- Where to record
- County clerk where the property sits
- E-recording
- Varies by county
- Ask the recording office whether it accepts electronic recording before you rely on it.
- Enforcement deadline
- Within 6 months after the lien is recorded
Who can file a mechanics lien in West Virginia
Lien rights depend on where you sit in the contracting chain. Tenant-ordered work can reach the owner's interest in West Virginia only where the owner consented to or required the improvements.
| Claimant | Lien rights in West Virginia |
|---|---|
| General contractor (direct contract with the owner) | Yes |
| Subcontractor (hired by the general contractor) | Yes |
| Sub-subcontractor (hired by a subcontractor) | Yes |
| Material supplier to the owner | Yes |
| Material supplier to the general contractor | Yes |
| Material supplier to a subcontractor | Yes |
West Virginia mechanics lien deadlines
Not required to preserve lien rights.
Calculate your West Virginia deadlines
Enter your role and project dates to turn the rules below into calendar dates. For other states, use the mechanics lien deadline calculator.
Choose your role to see which dates you need.
Your deadlines
| Document | Who | Deadline |
|---|---|---|
| Passed |
liens are filed through the courts by an attorney. Get matched with a lien attorney.
We can prepare and record the lien for you before the deadline. Start your lien.
These dates come from the same rules our lien filing service uses. They are not moved for weekends or holidays. Deadlines turn on facts specific to your project. Confirm with counsel before relying on them.
Mechanics lien filing deadline
The last day the lien can be recorded against the property.
| Who | Project type | Deadline |
|---|---|---|
| All claimants | All projects | Within 100 days after last furnishing labor or materials |
West Virginia does not require a notice of intent before recording a lien, but sending one is often what gets the invoice paid.
Recording and enforcing a West Virginia lien
Recording the lien
Record with the county clerk where the property sits. Whether electronic recording is accepted varies by county, so confirm with the recording office and build mailing time into the deadline. The lien must be notarized. The lien claim must be sworn to under oath.
After recording
West Virginia does not require a separate notice after the lien is recorded, though most claimants send one anyway to prompt payment. To keep the lien alive it must be enforced by lawsuit within 6 months after the lien is recorded.
Wrongful lien exposure
We found no dedicated wrongful-lien penalty in West Virginia's lien statute. An owner can still ask a court to remove an inflated or baseless lien, so claim only what you are owed.
Practitioner notes for West Virginia
West Virginia's mechanics lien law is in Chapter 38, Article 2 of the Code. Every claimant has 100 days to perfect a lien. A general contractor counts from completion of its contract work, a subcontractor from completion of its subcontract, and suppliers and laborers from their last delivery or last day of work (W. Va. Code § 38-2-7). A general contractor perfects by recording a sworn notice of lien with the county clerk where the property is located (§ 38-2-8). A subcontractor must also serve its sworn notice on the owner, by a method allowed for serving a summons, within the same 100 days (§ 38-2-9). Missing any required notice or recording step discharges the lien (§ 38-2-14). A worker or supplier hired by the contractor may, before starting, send the owner written notice that it will look to the owner if unpaid. That notice relaxes the 60-day account-filing step under § 38-2-20 but does not replace the lien notice. A suit to enforce must be filed in circuit court within six months after the notice of lien is filed, or the lien is discharged. One claimant's suit protects the others, who may join it (§ 38-2-34). Since July 1, 2015, owners of existing single-family homes and owner-occupied primary residences can defend by showing they owe the contractor less than the lien, or nothing (§ 38-2-34(b)). Supplier notice details and any penalty for a false lien were not confirmed, so confirm with counsel.
These notes summarize the statute as we read it.
Statutory sources: W. Va. Code §§ 38-2-7, 38-2-8, 38-2-9, 38-2-14, 38-2-34. Read the West Virginia lien statute. Deadlines turn on facts specific to your project. Confirm with counsel before relying on them.
File your West Virginia mechanics lien
We calculate the West Virginia deadlines from your project dates, prepare the lien on the correct form, and handle recording. Self-serve from $99, or full service with recording and notices handled for you from $299.
West Virginia mechanics lien FAQ
How long do I have to file a mechanics lien in West Virginia?
Do I need to send a preliminary notice in West Virginia?
Does a West Virginia mechanics lien need to be notarized?
Where is a mechanics lien filed in West Virginia?
How long is a West Virginia mechanics lien valid?
Can a subcontractor file a mechanics lien in West Virginia?
More West Virginia lien tools
This page summarizes West Virginia lien law for general information and is not legal advice. Deadlines depend on your role, project type, and dates; confirm them against the statute or with counsel before relying on them.