West Virginia Mechanics Lien Statutes: Deadlines, Venues & Citations
Where West Virginia liens are filed and enforced
A West Virginia mechanics lien is filed with the County Clerk in the county where the project sits — 100 days from last date of furnishing. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and West Virginia claimants lose rights far more often by missing the second one than the first.
West Virginia deadlines by claimant role
For general contractors: Record the lien — 100 days from last furnishing (W. Va. Code § 38-2-8). For subcontractors and suppliers: Record the lien — 100 days from last furnishing (W. Va. Code § 38-2-8); file suit — 6 months from lien recorded (W. Va. Code § 38-2-10); bond notice — 90 days from last furnishing (W. Va. Code § 5-22-1); file suit — 1 years from last furnishing (W. Va. Code § 5-22-1); miller act notice — 90 days from last furnishing (40 U.S.C. § 3133(b)(2)); file suit miller act — 1 years from last furnishing (40 U.S.C. § 3133(b)(1)). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to West Virginia
File mechanic's lien within 100 days of last furnishing of labor or materials. No preliminary notice required. File mechanic's lien within 100 days of last furnishing. File suit to enforce lien within 6 months of recording. Written notice within 90 days of last furnishing on public works projects. No mechanic's lien on public property. File suit on payment bond within 1 year of last furnishing. Second-tier claimants only. No notice = no bond claim. File no sooner than 90 days AND no later than 1 year. Prime must pay sub within 10 days of receiving payment from public owner. Interest accrues on late public payments.
How West Virginia notices must be served
West Virginia does not impose a preliminary notice on most claimants (N/A), but the notices it does require are strict on method. Accepted delivery for the notices tracked here: Certified Mail, Return Receipt Requested. Service runs to the Prime Contractor and Surety. Keep the proof of service in the project file — West Virginia disputes over whether a notice was properly served are decided on that documentation.
Public projects in West Virginia
No lien attaches to public property in West Virginia. On public state local and public federal work the remedy is a payment bond claim instead — bond notice within 90 days of last furnishing, served on the Prime Contractor and Surety (W. Va. Code § 5-22-1). 5 public-project deadlines are tracked for West Virginia.
West Virginia statute citations
The West Virginia deadlines above come from W. Va. Code § 38-2-8, W. Va. Code § 38-2-10, W. Va. Code § 5-22-1, 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), W. Va. Code § 5-22A-3, W. Va. Code § 5-22A-5. Statutes are amended periodically — verify current text before relying on any date, and consult a licensed West Virginia construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in West Virginia?
100 days — From last date of furnishing. The filing goes to the County Clerk in the project's county. See W. Va. Code § 38-2-8. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in West Virginia?
With the County Clerk in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does West Virginia require a preliminary notice?
Not for most claimants (N/A). Sub-tier claimants should still document first furnishing, because West Virginia's filing and enforcement windows are applied strictly.
How long do you have to enforce a West Virginia mechanics lien?
6 months — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
When must retainage be released in West Virginia?
Retainage released within 60 days of substantial completion. 10% maximum retainage on public contracts. (W. Va. Code § 5-22A-5).