West Virginia Construction Lien FAQ

In West Virginia, a mechanics lien must be filed within 100 days of the claimant’s last day of furnishing labor, materials, equipment, or professional services to the project. This deadline is strict and is measured from your own last lienable work, not from project completion, final billing, or payment disputes. 

West Virginia does NOT require a preliminary notice (such as a Notice to Owner or Notice of Furnishing) before filing a mechanics lien. Lien rights are preserved through timely filing and service of the lien itself, not through pre-lien notices.

West Virginia mechanics lien rights are available to the following parties who provide labor, materials, or services that improve private real property:

• General contractors

• Subcontractors

• Sub-subcontractors

• Material suppliers

• Laborers

• Certain design professionals (such as architects or engineers, when services are tied to property improvement)

🚫 Public projects are excluded.

Mechanics liens do not apply to public property in West Virginia. Payment protection on public projects is provided through payment bond statutes, not lien filings.

A valid West Virginia lien must accurately identify the claimant, property owner, party who hired the claimant, legal description of the property, description of labor or materials provided, dates of work, and the exact amount claimed as unpaid, along with a verification or sworn statement. Inaccurate information or overstated amounts can result in the lien being challenged or voided.

A West Virginia mechanics lien must be recorded with the Clerk of the County Commission in the county where the property is located. Filing in the wrong county, even if timely, will invalidate the lien.

After the West Virginia lien is filed, you must file a foreclosure lawsuit within six (6) months of the lien filing date. Recording the lien alone does not secure payment. If enforcement is not timely commenced, the lien automatically expires by operation of law.

A valid West Virginia mechanics lien must include:

• Claimant’s legal name and address

• Property owner’s name

• Name of the party who hired the claimant

• Legal description of the property

• Description of labor or materials furnished

• Amount claimed as due and unpaid

• Dates of first and last furnishing

• Verification or sworn statement

If the customer pays you the full amount owed after you have recorded a lien, you have a legal obligation to formally clear the lien from the property records.

You must prepare and file a West Virginia Discharge of Lien (or Release of Lien) with the same office where the original lien was recorded.