Mechanics Lien Deadlines in West Virginia
West Virginia gives contractors, subcontractors, and material suppliers a mechanics lien that must be recorded within one hundred days and enforced by suit within six months of filing the notice.
West Virginia's mechanics lien law appears in Chapter 38, Article 2 of the West Virginia Code. It grants a lien to those who build, alter, or repair real property under contract with the owner, and to subcontractors and material suppliers who contribute to the work. The statute sets a one hundred day window to record the notice of lien and a six month window to bring suit to enforce it, and it provides a special defense for certain single-family and owner-occupied dwellings.
Filing and enforcing a mechanics lien in West Virginia
A general contractor who erects, builds, constructs, alters, removes, or repairs a building or structure under a contract with the owner has a lien on the building and on the owner's interest in the real property. 1
A person who furnishes materials or performs labor under a contract with the general contractor or with a subcontractor has such a lien for compensation. 2
A person who furnishes materials, machinery, or supplies to the owner for use in the work has such a lien for compensation. 3
To perfect and preserve the lien, a general contractor must cause a notice of lien to be recorded within one hundred days after the completion of the work provided for in the contract. 4
A subcontractor must give the owner or the owner's authorized agent a notice of lien within one hundred days after the completion of the subcontract. 5
The subcontractor's lien is discharged and avoided unless a notice of the lien is recorded in the county clerk's office within one hundred days after the completion of the subcontract. 6
The lien is discharged unless an action to enforce it is commenced in a circuit court within six months after the person has filed the notice in the clerk's office. 7
Sources
A general contractor who erects, builds, constructs, alters, removes, or repairs a building or other structure under a contract with the owner has a lien upon the building and upon the owner's interest in the real property.
A person who furnishes materials or performs labor under a contract with the general contractor or with a subcontractor has such a lien for his or her compensation.
A person who furnishes materials, machinery, or supplies to the owner for use in the work has such a lien for compensation.
A general contractor must cause a notice of lien to be recorded within one hundred days after the completion of the work provided for in the contract.
A subcontractor must give the owner or the owner's authorized agent a notice of lien within one hundred days after the completion of the subcontract.
A subcontractor's lien is discharged and avoided unless a notice of the lien is recorded in the county clerk's office within one hundred days after the completion of the subcontract.
The lien is discharged unless an action to enforce it is commenced in a circuit court within six months after the person has filed the notice in the clerk's office.
Frequently asked questions
- Who can claim a mechanics lien in West Virginia?
- General contractors who build, alter, or repair real property under a contract with the owner, subcontractors who contribute labor or materials under a contract with the general contractor or a subcontractor, and suppliers who furnish materials to the owner may each claim a lien for their compensation.
- How long do I have to record a notice of lien?
- A general contractor must record the notice of lien within one hundred days after completing the work provided for in the contract, and a subcontractor must record within one hundred days after completing the subcontract.
- How long do I have to enforce the lien?
- An action to enforce the lien must be commenced in a circuit court within six months after the person filed the notice in the clerk's office, or the lien is discharged.
- Are there special rules for homes?
- For an existing single-family dwelling or a single-family, owner-occupied dwelling, the owner may raise an affirmative defense that the owner is not indebted to the contractor or owes less than the amount of the lien claimed.
Last reviewed 8.4.26
This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.