Mechanics lien law
West Virginia lien deadlines for contractors
Updated · Checked against primary sources
The short answer
In West Virginia, record a notice of mechanic's lien with the county clerk within 100 days after completing your contract or subcontract. Subcontractors must also serve the notice on the owner within those 100 days, and suppliers and laborers count 100 days from their last furnishing. Sue in circuit court within 6 months after filing the notice.
The deadlines
| Step | Rule |
|---|---|
| Preliminary notice: who | None before work begins. Subcontractors must serve a notice of lien on the owner or the owner's agent as part of perfecting the lien. |
| Preliminary notice: when | Within 100 days after completing the subcontract (W. Va. Code 38-2-9). |
| File or register the lien | General contractors: record a notice of lien with the county clerk within 100 days after completing their work under the contract (W. Va. Code 38-2-8). Subcontractors: within 100 days after completing the subcontract, serve the notice on the owner and record it with the county clerk (38-2-9). Liens of suppliers and laborers are discharged 100 days after the last materials are furnished or last work is performed unless perfected within that time (38-2-7). |
| Enforce or perfect it | Commence an action to enforce in circuit court within 6 months after filing the notice of lien in the clerk's office, or the lien is discharged. One lienor's suit preserves the liens of others who intervene (W. Va. Code 38-2-34(a)). |
| Residential jobs | For an existing single-family dwelling, a residence built for the owner's primary residence, or a single-family owner-occupied dwelling, it is an affirmative defense that the owner owes the contractor nothing or less than the lien amount (W. Va. Code 38-2-34(b)). |
Common questions
- Do I need to send a preliminary notice in West Virginia?
- None before work begins. Subcontractors must serve a notice of lien on the owner or the owner's agent as part of perfecting the lien. Within 100 days after completing the subcontract (W. Va. Code 38-2-9)..
- How long do I have to file a lien in West Virginia?
- General contractors: record a notice of lien with the county clerk within 100 days after completing their work under the contract (W. Va. Code 38-2-8). Subcontractors: within 100 days after completing the subcontract, serve the notice on the owner and record it with the county clerk (38-2-9). Liens of suppliers and laborers are discharged 100 days after the last materials are furnished or last work is performed unless perfected within that time (38-2-7).
- How long does a West Virginia lien last before I have to enforce it?
- Commence an action to enforce in circuit court within 6 months after filing the notice of lien in the clerk's office, or the lien is discharged. One lienor's suit preserves the liens of others who intervene (W. Va. Code 38-2-34(a)).
General information from the statutes cited below, checked 2026-09-24. Lien law is strict and details depend on your role and contract. Confirm with a construction lawyer in West Virginia before relying on a deadline.
Where Pavado comes in
How Pavado builds a CRM around your jobs
Lien rights are usually lost to a calendar, not a court. We build CRMs that start each job's notice and lien clocks from its real start and completion dates and remind you before every deadline, so the rights you earned by doing the work are still there when a customer stops paying.
Instead of bending your shop around someone else's software, we build the system around how your jobs actually move, and connect it to what you already use.
- Your pipeline, your stages. From first call to paid invoice, set up the way your team already works.
- Automations for the busywork. Follow-ups, reminders and handoffs that happen without anyone remembering.
- One record per customer. Calls, quotes, jobs, photos and invoices in one place instead of five apps.
- Connected to your stack. QuickBooks or Xero, Gmail or Outlook, payments and e-sign, plus thousands more through Zapier and an API.
- 1.Book a free demo and walk us through how a job moves today.
- 2.We map the workflow and send a scoped proposal, free.
- 3.We build it, connect your tools and get your team using it.
The first conversation and a scoped proposal are free, and we will tell you early if we are not the right fit.
Go deeper
- GuideWhen to File a Construction Lien: 2026 DeadlinesFile while the clock runs: 30 to 60 days in Canada (60 in Ontario), 90 to 180 in most US states, counted from completion. Registering costs $200 to $500.
- GuideCustomer Short Paid the Final Invoice: 5 MovesBefore you chase the balance, decide whether to deposit the cheque. In the US, cashing one marked 'paid in full' can legally erase what you are owed.
- GuideHow to Collect a Contractor Deposit: 5 RulesMake the deposit due 3 to 5 business days before the start date, size it to your upfront spend, and check state caps: California's is $1,000, not $10,000.
- GuideProgress Payment Schedule: 6 Rules That Get PaidEight states cap what you can collect up front. California's limit is $1,000. How to build a draw schedule under your legal ceiling and stay cash positive.
Other states
- USAlabama lien deadlines
- USAlaska lien deadlines
- USArizona lien deadlines
- USArkansas lien deadlines
- USCalifornia lien deadlines
- USColorado lien deadlines
Sources
Cite this page
Pavado, “West Virginia Lien Deadlines 2026”, https://www.pavadotech.com/lien-deadlines/west-virginia, updated 2026-09-24.