If contractors and suppliers are not paid on a construction project in West Virginia, they can file a mechanics lien to ensure payment. A mechanics lien is a legal mechanism that grants the unpaid party a security interest in the property.

At CRM Lien Services, we specialize in ensuring that you get paid quickly and reliably. We can prepare and file mechanics liens for you, taking into account West Virginia mechanics lien law and state-specific rules and regulations, including the need for an adequate and ascertainable description of the real estate.

This page outlines the rules, requirements, and deadlines for filing a mechanic’s lien in West Virginia, detailing the specific information that must be included in the forms for both general contractors and subcontractors, as well as the necessary steps to protect lien rights, such as serving notice and adhering to deadlines.

Key Takeaways

• Lien Rights for Project Participants: In West Virginia, contractors, subcontractors, and suppliers within the first three tiers of a construction project are eligible to file a mechanics lien. This includes design professionals such as architects and engineers, providing they meet the necessary conditions.
• 100-Day Filing Deadline: To protect your lien rights, you must file a mechanics lien within 100 days of your last labor or materials provided. This deadline is strict, and failure to meet it will forfeit your lien rights.
• No Preliminary Notice Required: While West Virginia does not require a preliminary notice to secure lien rights, sending one is recommended to improve visibility and communication, potentially expediting payment.

Who Is Eligible to File a Mechanics Lien in West Virginia?

In West Virginia, construction project participants, including contractors, subcontractors, and suppliers who provide labor or materials under a contract with the property owner or with a contractor or subcontractor on a project to build, construct, alter, remove, repair, or improve a building or structure, are entitled to lien rights.

Subcontractors, workers, and material suppliers must provide timely notice to the property owner to secure their mechanics lien rights, detailing the necessary steps and forms involved in the process to perfect and preserve his or her lien.

Design professionals, including architects, surveyors, engineers, and landscape architects, also have mechanics lien protection in West Virginia.

• However, it’s important to note that only parties within the first three tiers of the project are eligible for lien rights in West Virginia.

Is a Written Contract Required for Filing a Mechanics Lien in West Virginia?

In West Virginia, a written contract is generally not required to file a mechanics lien. However, it’s always wise to have a written contract in place at the start of every construction project.

What Are the Filing Deadlines for a West Virginia Mechanics Lien?

In West Virginia, a potential lien claimant must file a mechanics lien West Virginia within 100 days of their last delivery or the completion of their contract. If the deadline falls on a holiday, the notice is due the day before. The lien must also be received by the property owner within the same 100-day period.

What Details Must Be Included in a West Virginia Mechanics Lien?

A West Virginia Notice of Lien is governed by W. Va. Code §§38-2-8 through 38-2-13 and must include the following details:

• Claimant’s information
• Owner’s information
• Hiring party’s information (for subcontractors/suppliers)
• Description of labor and/or materials provided (for subcontractors/suppliers)
• Property Description
• Description of the improvement (for subcontractors/suppliers)
• Contract price (for subcontractors/suppliers)
• Lien amount

Additionally, the mechanics lien form must include a ‘foregoing notice’ where the general contractor or subcontractor affirms the truthfulness of the statements detailed in the notice of lien before a notary public. This serves as a formal verification that the information submitted is accurate, aligning with legal requirements in West Virginia.

Is Notice Required After Recording a Mechanics Lien in West Virginia?

Generally, yes. All claimants who do not have a direct contract with the property owner must provide a legal notice to the owner or the owner’s agent. While it’s optional, it’s often best practice for all claimants to notify that the lien was recorded to help facilitate payment.

The notice must be served on the property owner within the same 100-day period in which the mechanics lien is required to be filed. There is no specific order required for recording the lien or sending the notice. It’s important to note that the notice given to the owner is distinct from the recorded lien.

Who Handles the Cancellation of a West Virginia Mechanics Lien After Payment?

Once the debt is paid and the claimant receives a written demand to release the lien, they are obligated to file a lien release promptly.

If the claimant fails or refuses to release the lien, the property owner can petition the court to have it discharged. The lien claimant will be responsible for covering the costs and attorney fees associated with the proceeding.

Is Sending a Preliminary Notice Required in West Virginia?

Preliminary Notice is not mandated by West Virginia lien law. However, any party can choose to provide the property owner with a preliminary notice to help ensure timely payment.

How Should You Send the Preliminary Notice in West Virginia?

There is no specific requirement for how this notice must be sent, but certified mail is considered sufficient.

5 Crucial Facts About West Virginia Mechanics Liens

Contractors and suppliers have strong lien rights in West Virginia. If they are not paid on a job, they can file a mechanics lien to expedite payment and protect their interests. However, specific rules and requirements must be followed.

Here are five essential things to know about West Virginia’s mechanics lien law:

1. Lien Rights for Contractors and Subcontractors: In West Virginia, contractors, subcontractors, and suppliers of labor and materials who work directly with property owners, contractors, or subcontractors on a project to build, erect, alter, remove, repair, or improve a building or structure are entitled to mechanics lien rights. This protection also extends to architects, surveyors, engineers, and landscape architects. However, only parties within the first three tiers of the project have lien rights.

2. 100-Day Filing Deadline: The deadline to file a mechanics lien in West Virginia is 100 days after the last provision of labor or materials or the completion of the claimant’s contract. If this deadline falls on a holiday, the filing must be completed the day before.

3. Preliminary Notice Is Not Required: West Virginia mechanics lien law does not require a preliminary notice. However, it is advisable to send a preliminary notice via certified mail before starting work or providing materials. This notice can help inform others involved in the project and facilitate payment.

4. Subcontractors Must Notify of Lien Recording: Subcontractors who do not have direct contact with the property owner must send a notice that the lien has been recorded to the owner or her authorized agent. Although this notice is not mandatory for all parties, it is generally a good practice to preserve lien rights. This notice must be served within the same 100-day period in which the lien is filed, but there is no specific order for recording the lien or sending the notice.

5. Mechanics Lien in West Virginia Excludes Fees: West Virginia mechanics lien law does not allow for the inclusion of attorney fees, lost profits, or consequential damages in the lien. The lien amount should reflect only the original contract amount. Although some states permit attorney fees in lien foreclosure cases, West Virginia does not.

How to Properly File a Mechanics Lien in West Virginia?

If you’ve been working on a private construction project in West Virginia and haven’t been paid, filing a mechanics lien could be your best option for securing payment. A mechanics lien is one of the most effective tools a contractor or supplier can use to protect themselves from non-payment.

West Virginia construction attorneys can assist construction workers and suppliers in navigating the legal processes involved in filing mechanics liens.

While the process of filing a mechanics lien is relatively straightforward, it’s important to be aware of the numerous potential pitfalls, deadlines, and errors that can arise. If you’re ready to take on the process yourself, you’re in the right place. This guide will provide you with everything you need to know to file a mechanics lien in West Virginia.

Before You File: Confirm Your Lien Rights in West Virginia

First, you need to determine whether you have the right to file a mechanics lien in West Virginia. This involves answering two key questions:

Are You Covered Under the Lien Statutes? West Virginia’s mechanics lien statutes grant lien rights to various participants in a construction project, including contractors, subcontractors, material suppliers, and equipment lessors. Design professionals, such as architects, surveyors, engineers, and landscape architects, also have lien rights if their work is authorized by the property owner.

However, only parties within the first three tiers of the payment chain have lien rights. The general contractor (GC) and those who contract directly with the owner are in the first tier. Subcontractors and suppliers who contract with the GC are in the second tier. Those who contract with second-tier parties are in the third tier. Anyone below the third tier does not have mechanics lien rights.

Does West Virginia Have Preliminary Notice Requirements? West Virginia does not require a preliminary notice to secure lien rights. However, sending one is still a good idea, as it can increase visibility, promote open communication, and often expedite payment.

Step 1: Prepare Your West Virginia Mechanics Lien Claim Form

A West Virginia mechanics lien form is not overly complicated, but it’s essential to use the correct form and include all required information. Requirements may vary depending on your role in the project.

• Property Owner Information: List the property owner’s name and address. This information can sometimes be difficult to obtain, especially for lower-tiered subs and suppliers. You may need to request it from your hiring party or conduct your own research.
• Your Information: Provide your full legal name or the full legal name of your company, including the business designation (e.g., LLC, Inc.).
• Hiring Party’s Information: Include the name and business address of the person or company that contracted with you on the project.
• General Contractor’s Information: Provide the name and address of the general contractor (GC) on the job. Request this information from your hiring party if you don’t have it.
• Description of Labor or Materials: Describe the nature of the work or materials provided. While a fully itemized list is not always required, including detailed information can prevent the rejection of your lien.
• Description of the Property: You don’t need a full legal property description, but you should provide enough detail to identify the property accurately. Include the map, lot, and block number if possible.
• Contract Price and Amount Unpaid: Include both the full contract price and the unpaid amount that forms the basis of the lien claim. Avoid overstating the unpaid amount, as this could lead to a fraudulent lien claim.
• Signature and Notarization: Sign the form in front of a notary public, as West Virginia requires mechanics liens to be notarized for validity.

Step 2: File Your West Virginia Mechanics Lien Claim

Once your lien form is complete, it’s time to file your claim. Be mindful of common mistakes such as incorrect filing fees, filing in the wrong office, or missing the deadline.

• Filing Deadline: File your mechanics lien within 100 days of your last date of furnishing labor or materials to the project.
• Where to File: File your lien with the county clerk’s office in the county where the property is located.
• How to Record Your Lien: You can file in person, by mail, or electronically (if the county allows). Each method has its own pros and cons, but filing in person is generally the safest option.

Step 3: Send a Notice of Lien Filing

Subcontractors and other lien claimants who did not contract directly with the property owner must send a “notice of mechanics lien” within the same 100-day deadline as the lien filing. The notice should be served personally or by certified mail. If the owner is out of state or cannot be found, you may publish a legal advertisement and post a copy on the property.

What to Do After Filing a West Virginia Mechanics Lien

Filing the lien is just the first step. You’ll need to take action before the lien expires, which occurs six months after filing.

• Option 1: Enforcement (Foreclosure) Action: If you haven’t been paid, consider filing a lien enforcement action, though this involves a full lawsuit, and attorney fees may not be awarded.
• Option 2: Release (Cancel) the Mechanics Lien: If you’ve been paid or are no longer pursuing the lien, you must submit a release of lien in the same office where the lien was filed. Failure to do so could result in the lien being discharged at your expense.

By following these steps, you can successfully file and enforce a mechanics lien in West Virginia, helping to ensure you receive the payment you’ve earned.

Get in Touch

Filing a mechanics lien in West Virginia is a critical step for contractors, subcontractors, and suppliers to secure payment on construction projects. By understanding and following the specific rules and deadlines outlined in West Virginia law regarding mechanics liens, you can protect your rights and ensure timely compensation.

At CRM Lien Services, we have been serving customers across the country with required reference documentation for lien claims since 1986. We assist property owners in navigating the mechanics lien process, informing them about their rights and responsibilities, including providing notices, securing payment, and releasing mechanic’s liens.

We have a wealth of expertise, are licensed and insured, and have a team of highly knowledgeable document processors. If you’re looking for a straightforward process for filing a mechanics lien, give us a call or shoot us an email.