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General Contractors / Design Professionals (if your contract is with the owner): File your West Virginia lien within 100 days of completion of the overall project.
Subcontractors/Suppliers (if your contract is with the prime or another sub): Record the West Virginia lien within 100 days of completion of the overall project.
Who? A mechanic’s lien in West Virginia is allowed for General contractors, subcontractors, material suppliers, renters of equipment, architects, engineers, and land surveyors.
Where? Clerk of the County Commission in the county where work and/or material was supplied.
How Long Does it Stay on Record? A mechanics lien in West Virginia stays 6 months after recording the mechanics lien. A lawsuit to foreclose the lien is then required. We have templates for this.
Let Us Help: If you prefer, for the same price, we will instruct you how to fill-out the West Virginia mechanic’s lien form line by line, answer questions, and give a general idea of the chances for success in enforcing the lien. (800-995-9434).
Mechanics Lien for West Virginia Law Summary: For a more detailed discussion of West Virginia mechanics liens.
HOW TO FILE A WEST VIRGINIA MECHANIC’S LIEN
Step 1. Fill-out and Print
Simply submit your information into the PDF “fillable” mechanic’s lien template. It automatically captures data and prints the lien in final form. Bonus feature: Keep on your desktop: it is re-usable for other non-paying jobs.
Amount of West Virginia mechanic’s lien: This includes: all work/material furnished under the base verbal or written contract plus change orders actually performed, whether signed or not. Finance charges are allowed only if included in your contract or PO and signed by the other party. If not, you still get pre-judgment interest. But do not include specific finance charges or interest in the amount of your lien; instead express it as a possible add-on at trial. Example of language to use: “Mechanic’s lien for the principal amount of $10,550, plus finance charges / pre-judgment interest as allowed by law”. This will be awarded later if you are the prevailing party in the West Virginia lien foreclosure suit.
It is nto a good idea to reduce for freebies or discounts, as they were contingent on being paid. With non-payment, it is no longer legal consideration for a contract modification in which the owner receives a reduced price. Actual Example: In a kitchen remodel, for good customer relations you supplied some extras free: a) a 48 bottle built-in wine cellar and b) painted the adjoining dining room with a coat of base and semi-gloss. Then you never got paid the last installment on the contract. If you supplied labor only, your West Virginia lien will add in the hourly rate under the contract. If labor and material, use cost-plus or T & M amounts in the lien.
It is not wise to include: A mechanics lien in West Virginia should not include: court costs and attorneys’ fees (included later if you win at trial for breach of contract); lost profits if terminated from the job; delay or impact damages; lost time or business the interruption; or anything else not constituting actual labor and materials improving the property.
Watch out. Inserting unauthorized amounts can invalidate a West Virginia mechanics lien. Call us if you have any questions as to the amounts allowed by law for this State..
Step 2. Sign and Notarize
The lien can be executed by anyone who has knowledge of the general services rendered and the costs incurred. It does not have to be someone in the field—in other words, it can be by office personnel. For example, this could be a manager, bookkeeper, controller, job foreman, project manager, owner, co-owner, or partner. All recorded documents must be notarized.
Step 3. Look-up Recorder’s Office
Recording a mechanics lien in West Virginia is at the county level, as opposed to the state level. See “Where?” above for the name of your State’s recorder. Do a Google search for the county in which the project is located. Example: “[Name] County Clerk Recorder Register of Deeds”. Call to verify the fee and recorder’s address. Give them the city where the work was done–sometimes it is filed in different branch offices. If you don’t know the county, Google the city—even small towns have a Wikipedia listing describing the county. Use the cover letter provided. Send the original and one copy with a stamped self-addressed return envelope.
Do I need a legal description? Most counties don’t require it, but if they do, we will look it up for free with any purchase.
Step 4. Mail
Regular mail to the recorder. Overnight if close to the filing deadline. If a general contractor, serve the West Virginia mechanics lien on the owner with a copy certified mail. If a sub or supplier, serve the owner and general with a copy certified mail. Fill-out and staple as the last page the Proof of Service (it shows proof of mailing to the owner and/or general contractor).
Call us if you have any questions about a mechanics lien in West Virginia—we’ll walk you through it. (800) 995-9434; (925) 899-8449.