West Virginia Mechanics Lien — Deadlines and Filing Guide
West Virginia mechanics lien law under W. Va. Code §§ 38-2-1 through 38-2-39 gives contractors, subcontractors, and suppliers lien rights for unpaid construction work. The deadline to file a West Virginia mechanics lien is 100 days from last furnishing. No preliminary notice is required. Liens are filed with the Circuit Clerk. Enforcement must begin within 18 months of filing.
West Virginia Mechanics Lien Deadlines
West Virginia mechanics lien deadlines give all claimants 100 days from the last date of furnishing labor or materials to file a lien with the Circuit Clerk in the county where the property is located under W. Va. Code § 38-2-7. West Virginia's 100-day deadline is slightly longer than the common 90-day window but shorter than the 120-day deadlines in several other states. West Virginia does not require a preliminary notice before filing. The enforcement deadline is 18 months from the date the lien is filed.
How to File a Mechanics Lien in West Virginia
West Virginia mechanics liens are filed with the Circuit Clerk in the county where the project property is located. West Virginia has 55 counties. Major West Virginia construction markets include Kanawha County (Charleston), Cabell County (Huntington), Monongalia County (Morgantown), Berkeley County (Martinsburg), and Raleigh County (Beckley). Use the Mechanics Lien Management State System to calculate your exact West Virginia filing deadline.
West Virginia Mechanics Lien Enforcement
West Virginia mechanics liens must be enforced by filing a lawsuit within 18 months of the lien filing date under W. Va. Code § 38-2-14. West Virginia's 18-month enforcement window gives claimants substantial time to resolve payment disputes before litigation. Track both the 100-day filing deadline and the 18-month enforcement deadline using Mechanics Lien Management.
Frequently Asked Questions
How long do you have to file a mechanics lien in West Virginia?
In West Virginia, the deadline to file a mechanics lien is 100 days from the last date of furnishing labor or materials under W. Va. Code § 38-2-7.
Does West Virginia require a preliminary notice?
No. West Virginia does not require a preliminary notice before filing a mechanics lien.
Where do you file a mechanics lien in West Virginia?
West Virginia mechanics liens are filed with the Circuit Clerk in the county where the property is located. West Virginia has 55 counties.
How long does a West Virginia mechanics lien last?
After filing, a West Virginia mechanics lien must be enforced by filing a lawsuit within 18 months of the filing date under W. Va. Code § 38-2-14.