West Virginia Construction Lien Guide
West Virginia mechanics lien law is governed by West Virginia Code § 38-2-1 through § 38-2-39.
West Virginia mechanics liens provide contractors, subcontractors, and suppliers with statutory protection when they improve private property and are not paid.
Keep in mind that West Virginia Mechanics Lien, Construction Lien, and Claim of Lien are commonly used interchangeably to describe the same statutory lien right.
LET’S LEARN THE BASICS OF WEST VIRGINIA CONSTRUCTION LIEN
⭐ Who Can File a Mechanics Lien in West Virginia?
West Virginia grants mechanics lien rights to general contractors, subcontractors, sub-subcontractors, material suppliers, laborers, and certain design professionals who provide labor, materials, or services that improve private real property. Mechanics liens do not apply to public projects, which are protected by payment bond statutes.
⭐ West Virginia Lien Deadlines (Critical)
LIEN IT OR LOSE IT!
All West Virginia mechanics lien deadlines are calculated from the claimant’s last date of furnishing labor, materials, equipment, or professional services to the project. This date controls when the lien must be filed and when enforcement must begin.
Deadline #1 — Prepare the West Virginia Mechanics Lien
Make sure to include the following in your West Virginia Mechanics Lien form:
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
Deadline #2 — File the West Virginia Mechanics Lien
A West Virginia mechanics lien must be filed within 100 days of the claimant’s last furnishing of labor or materials. The WV mechanics lien is filed with the Clerk of the County Commission in the county where the property is located.
This deadline applies to all lien claimants, regardless of tier.
Deadline #3 — Serve the Filed Lien (Mandatory)
After filing WV mechanics lien, the claimant must serve a copy of the recorded lien on the property owner. Service must be completed within a reasonable time after filing. While the statute does not specify an exact number of days, failure to properly serve the owner can render the lien unenforceable.
Accepted Methods of Service
Certified mail, return receipt requested
Sheriff or other lawful officer
Proof of service should always be retained.
Deadline #4 — Enforce the West Virginia Mechanics Lien
Filing a WV mechanics lien does not gurnatee payment. If you are still unpaid, you must enforce your lien rights by filing a foreclosure lawsuit within 6 months after the lien is filed.
If enforcement is not timely commenced, the lien automatically expires.