WVWest Virginia
West Virginia Lien Law Deadlines for Suppliers and Subcontractors
In West Virginia, a supplier must serve the owner with a sworn notice of lien and record the lien with the clerk of the county commission within 100 days after its last delivery, then file suit in circuit court within 6 months of recording. Subcontractors count their 100 days from completing the subcontract. There is no mandatory preliminary notice.
Public date calculations cover Florida and Kansas. West Virginia dates require qualified review.
Risk context
West Virginia is High Risk for Suppliers
West Virginia's 100-day step has two parts, and missing either one loses the lien: the owner must be served with a sworn notice of lien, and the notice must be recorded with the county clerk. The owner can also demand an itemized account at any time, and you have only 10 days to answer. Payments the owner makes to the contractor generally do not reduce your lien, but since July 1, 2015 owners of single-family and owner-occupied homes can defend on that ground.
Deadline schedule
West Virginia Mechanics Lien Deadlines (Updated 2026)
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| Deadline Type | Timing | Details |
|---|---|---|
| Lien Filing Deadline | 100 days from last furnishing | Must be filed with the county recorder/clerk. In West Virginia, record the notice of lien with the clerk of the county commission for the county where the property is located (W. Va. Code §§ 38-2-7, 38-2-11). |
| Notice to Owner | Within the same 100 days | Serve the owner or the owner's authorized agent with a sworn notice of mechanic's lien, including an itemized account, by a method allowed for serving a legal notice or summons. If the owner lives out of state or the officer returns the notice "not found," publish it as a Class II legal advertisement in the county and post it on the property, starting within the same period (W. Va. Code §§ 38-2-11, 38-2-15). |
| Subcontractors | 100 days after completing the subcontract | A subcontractor's 100 days run from completion of its subcontract rather than its last delivery, with the same service and recording steps (W. Va. Code § 38-2-9). |
| Preliminary Notice | None required | West Virginia has no mandatory preliminary notice. You may notify the owner in writing before you furnish that you will look to the owner if your customer does not pay, but you must still serve and record the notice of lien within 100 days (W. Va. Code § 38-2-20). |
| Itemized Account on Demand | Within 10 days of the owner's written demand | If the owner demands an itemized account in writing, deliver it within 10 days of receiving the demand. Otherwise the owner and property are released from your lien for everything furnished before the demand (W. Va. Code § 38-2-19). |
| Enforcement Deadline | 6 months from filing | Lawsuit to foreclose on the lien must be filed by this date. File the action in circuit court within 6 months after recording the notice of lien. One lienholder's suit preserves the other liens on the property, and the other lienholders may intervene (W. Va. Code § 38-2-34). |
| Homeowner Defense | Since July 1, 2015 | On an existing single-family home, a residence built for the owner to occupy as a primary residence, or an owner-occupied single-family home, the owner can defend by showing it owes the contractor less than your lien, or nothing. The owner-occupied category does not cover a developer or builder of multiple homes, except the home it lives in (W. Va. Code §§ 38-2-21(b), 38-2-34(b)). |
| Public Buildings | No lien | A public building cannot be liened. The contractor must post a bond that answers to suppliers and laborers for full payment (W. Va. Code § 38-2-39). |
| Statutes | Governing statutes | WV Code §38-2-1 et seq.; §§8-13 (that is, §§ 38-2-8 to 38-2-13). Key sections: §§ 38-2-4, 38-2-7, 38-2-11, 38-2-19, 38-2-21, and 38-2-34. |
Supplier pitfalls
Common Supplier Mistakes in West Virginia
Recording without serving the owner
Both steps must happen within 100 days of your last delivery: serve the owner with the sworn notice of lien by a method allowed for serving a summons, and record the notice with the clerk of the county commission. If the lien is not perfected within those 100 days, it is discharged.
Ignoring the owner's demand for an itemized account
If the owner asks in writing for an itemized account of what you furnished, you have 10 days from receiving the demand. Miss it and the owner and property are released from your lien for everything furnished before the demand.
Assuming the owner's payments cannot reduce your lien on a home
West Virginia generally protects your lien even after the owner has paid the contractor. Since July 1, 2015, that protection does not hold on single-family and owner-occupied homes: the owner can defend by showing it owes the contractor less than your lien.
Missing the 6-month enforcement deadline
The lien is discharged unless an action to enforce it is started in circuit court within 6 months after you record the notice of lien.
Deadline calculator
Not Sure Which West Virginia Deadline Applies?
Use this West Virginia guide and collect your project facts for qualified review.
Review West Virginia project factsThe public calculator provides dates only for reviewed Florida and Kansas scenarios; it does not calculate a West Virginia date.
Common questions
Frequently Asked Questions
What are the West Virginia lien law deadlines?
Within 100 days after your last delivery, or after completing your subcontract, serve the owner with a sworn notice of lien and record it with the clerk of the county commission. Then file suit in circuit court within 6 months after recording.
Does West Virginia require a preliminary notice?
No. You may give the owner written notice before you furnish that you will look to the owner for payment if your customer does not pay, but it does not replace the 100-day notice of lien and recording (W. Va. Code § 38-2-20). See our preliminary notice deadline guide for how states compare.
How long do I have to enforce a West Virginia lien?
6 months after you record the notice of lien. File the action in circuit court within that time or the lien is discharged. Another lienholder's timely suit also preserves your lien, and you can intervene in it (W. Va. Code § 38-2-34). See how long a mechanics lien lasts for how expiration works.
Are these the 2024 West Virginia lien law deadlines?
Yes. The official West Virginia Code text of §§ 38-2-7, 38-2-11, and 38-2-34 was the same in 2024 as in late 2025, so the 100-day and 6-month deadlines applied in 2024 and were still in force in late 2025.
Important note