WV · Mechanics Lien Law
West Virginia Mechanics Lien Law: Deadlines, Notices & Filing Guide
This guide covers West Virginia mechanics lien and public bond claim rules under WV Code § 38-2-1 and WV Code § 5-22-1(b). With a first-three-tier limitation, a 100-day recording deadline, and a 150-day look-back rule, tracking dates and claimant tier is essential.
West Virginia mechanics lien deadlines at a glance
West Virginia does not mandate a preliminary notice, though claimants may send an optional pre-furnishing notice recommended about 7 days before first furnishing as a best practice. Because this notice is optional, most claimants must rely on timely recording and the 150-day look-back rule to protect their recovery rather than an upfront notice requirement.
A West Virginia lien must be recorded with the county clerk within 100 days of the claimant's last delivery or project completion, under WV Code § 38-2-1. A 150-day statutory look-back period also limits how much of the claimant's work can actually be recovered through the lien.
A West Virginia lien foreclosure lawsuit must be filed within 6 months of the date the lien was recorded.
On West Virginia public projects, a bond claim notice must be served on the prime contractor within 90 days of last furnishing. This notice is mandatory for sub-tier claimants and recommended even for those in direct privity with the general contractor.
Primary statute
WV Code § 38-2-1 · WV Code § 5-22-1(b)
Who can file a mechanics lien in West Virginia?
West Virginia limits mechanics lien rights to the first three tiers of the construction chain, meaning contractors, subcontractors, sub-subcontractors, material suppliers, and qualifying design professionals within that scope may claim a lien.
Overview of West Virginia lien practice
West Virginia's lien statute is notable for restricting lien rights to the first three tiers of the construction chain, so claimants further removed from the owner or prime contractor need to confirm early on whether they even qualify. Assuming eligibility, the 100-day recording deadline under WV Code § 38-2-1 runs from last delivery or completion, and a companion 150-day look-back period caps how far back into the job the lien can reach for recoverable amounts. There is no mandatory preliminary notice, though sending an optional notice roughly a week before first furnishing is a sound best practice that can strengthen the eventual claim. On public projects, sub-tier claimants must serve a bond claim notice on the prime within 90 days of last furnishing, and even claimants in direct privity with the general contractor are encouraged to do the same. As always, the lien must be recorded with the clerk in the correct county, correctly name the record owner, and federal property remains outside the statute's reach.
Common pitfalls on West Virginia projects
Recording late with the county clerk
The lien must be recorded with the county clerk within 100 days of last delivery or project completion, and the 150-day look-back separately limits how much of the work is recoverable.
Skipping the 90-day bond notice
On public work, notice to the prime contractor within 90 days of last furnishing is mandatory for sub-tier claimants and worth serving even in direct privity.
Letting the six-month suit window lapse
Foreclosure must be filed within six months of recording, so the enforcement date should be calendared the same day the lien is recorded.
Falling outside the first three tiers
Lien rights are limited to the first three tiers of the construction chain, and a 150-day look-back period further limits recoverable amounts.
West Virginia mechanics lien FAQs
When must a mechanics lien be recorded in West Virginia?
Claimants within the first three tiers must record a notice of lien with the county clerk within 100 days of last delivery or completion, subject to a 150-day look-back on recoverable amounts.
Is preliminary notice required in West Virginia?
No, though an optional pre-furnishing notice roughly 7 days before first furnishing is recommended as a best practice.
How long do I have to enforce a lien in West Virginia?
A foreclosure lawsuit must be filed within 6 months of the lien's recording date.
What about West Virginia public projects?
Bond claim notice must be served on the prime contractor within 90 days of last furnishing, which is mandatory for sub-tier claimants and recommended for those in direct privity with the GC.
Filing a West Virginia mechanics lien or bond claim?
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This page is general information and not legal advice. Statutes change — verify against the official text linked above.