West Virginia Mechanics Lien
Deadlines & Filing Rules
Every notice, deadline, and recording requirement for a West Virginia construction lien, drawn from W. Va. Code §§ 38-2-2, 38-2-7, 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 recorder where the property sits
- E-recording
- Not generally available; plan on paper recording
- 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.
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 recorder where the property sits. Electronic recording is not generally available, so 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
West Virginia has no dedicated wrongful-lien penalty statute, but an inflated or baseless lien can still be challenged and removed at the claimant's expense.
Practitioner notes for West Virginia
Lien filing deadline: file a verified lien within 100 days after the claimant ceased to furnish labor or materials (W. Va. Code §38-2-7). Enforcement: action to enforce a mechanic’s lien must be brought within 6 months after filing the lien (W. Va. Code §38-2-34). Tenant improvements typically require owner consent/agency to reach fee interest; treated here as owner_consent_required.
Statutory sources: W. Va. Code §§ 38-2-2, 38-2-7, 38-2-34. Read the West Virginia lien statute.
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.