Mechanics Lien Filing Package — West Virginia

Mechanics Lien Filing Package (WEST VIRGINIA)

Quick-Reference Summary

Part A — Pre-Lien Notice (Voluntary)

VOLUNTARY PRE-LIEN NOTICE
(West Virginia does not require a pre-lien notice; provided as best practice)

To: [OWNER NAME] and [GENERAL CONTRACTOR NAME]
Address: [______________________________________]
Date: [__/__/____]

YOU ARE HEREBY NOTIFIED that the undersigned is providing labor, services, materials, or supplies for the improvement of the real property described below, and reserves all rights under W. Va. Code § 38-2-1 et seq.

The undersigned reserves the right to perfect and preserve a mechanic's lien under W. Va. Code § 38-2-7 by recording and serving a Notice of Mechanic's Lien within 100 days of completion or final furnishing.

Signature: __________________________________
Print Name: [______________________________________]
Title: [______________________________________]

Part B — Notice of Mechanic's Lien (Claim of Lien)

NOTICE OF MECHANIC'S LIEN
Pursuant to W. Va. Code § 38-2-1 et seq.

STATE OF WEST VIRGINIA )
) ss.
COUNTY OF [_____________] )

To: [OWNER NAME]
[______________________________________]

To: Clerk of the County Commission of [_____________] County, West Virginia:

1. Claimant. The undersigned, [CLAIMANT NAME], whose address is [______________________________________], hereby gives notice that the undersigned has and claims a mechanic's lien upon the property described below pursuant to W. Va. Code § 38-2-1 et seq.

2. Claimant's Role. (Check one)

☐ General contractor (§ 38-2-1)
☐ Subcontractor (§ 38-2-2)
☐ Materialman furnishing to owner (§ 38-2-3)
☐ Materialman furnishing to contractor or subcontractor (§ 38-2-4)
☐ Mechanic or laborer working for owner (§ 38-2-5)
☐ Mechanic or laborer working for contractor or subcontractor (§ 38-2-6)
☐ Architect, surveyor, engineer, or landscape architect (§ 38-2-6a)

3. Owner.

Name: [______________________________________]
Address: [______________________________________]

4. Hiring Party (if not the owner).

Name: [______________________________________]
Address: [______________________________________]

5. Property Description. The real property to which this lien attaches is located in [_____________] County, West Virginia, and is described as follows (definite, adequate, ascertainable legal description):

Legal description:
[____________________________________________________________]
[____________________________________________________________]
[____________________________________________________________]

Common address: [______________________________________]
Tax Map / Parcel No.: [______________________________________]
Deed Book / Page Reference: [______________________________________]

6. Improvement. The building, structure, or improvement upon which work was done or materials furnished is described as:

[____________________________________________________________]

7. Work / Materials Furnished. The claimant furnished the following labor, services, materials, and/or supplies pursuant to a contract with [HIRING PARTY]:

[____________________________________________________________]

Date first furnished: [__/__/____]
Date last furnished / contract completion: [__/__/____]

8. Contract Price and Amount Claimed.

Itemized invoices / contract documents are attached as Exhibit A.

9. Verification. I, [CLAIMANT NAME], being first duly sworn upon oath, depose and say that I am the claimant (or duly authorized agent of the claimant) in the foregoing Notice of Mechanic's Lien; that I have read the foregoing Notice and know the contents thereof; and that the same is true and correct to the best of my knowledge, information, and belief.

Signature: __________________________________
Print Name: [______________________________________]
Title: [______________________________________]
Date: [__/__/____]

Taken, subscribed, and sworn to before me, a Notary Public in and for the State of West Virginia, County of [_____________], this [__] day of [__________], 20[__].

__________________________________
Notary Public
My commission expires: [__/__/____]

Recording Instructions

Part C — Notice of Filing Lien Claim to Owner (Service Required Within 100 Days)

[CLAIMANT LETTERHEAD]

Date: [__/__/____]

SERVICE OF NOTICE OF MECHANIC'S LIEN
(W. Va. Code §§ 38-2-8 through 38-2-13)

To: [OWNER NAME]
Address: [______________________________________]

Cc: [GENERAL CONTRACTOR NAME], [LENDER]

Re: Notice of Filing of Mechanic's Lien
Property: [______________________________________]
County: [_____________] County, West Virginia
Recording Date: [__/__/____]
Lien Book / Page or Instrument #: [______________]

Dear [Mr./Ms./Owner]:

YOU ARE HEREBY NOTIFIED that, pursuant to W. Va. Code § 38-2-1 et seq., the undersigned has recorded a Notice of Mechanic's Lien against the above-described real property in the office of the Clerk of the County Commission of [_____________] County, West Virginia. A true copy of the recorded Notice of Mechanic's Lien is enclosed.

Under W. Va. Code § 38-2-34, a suit to enforce this lien must be brought within six (6) months of recording. To avoid foreclosure, please remit the full amount due, or contact the undersigned to discuss resolution, by [__/__/____].

Under W. Va. Code § 38-2-36, you may apply to the court to discharge this lien by depositing cash equal to the amount of the lien plus likely interest.

Sincerely,

__________________________________
[CLAIMANT REPRESENTATIVE NAME]
[Title]
[Phone] | [Email]

Enclosure: True copy of recorded Notice of Mechanic's Lien

CERTIFICATE OF SERVICE

I, [______________________________________], certify that on [__/__/____] I served a true and correct copy of the foregoing Notice and a copy of the recorded Notice of Mechanic's Lien upon [OWNER NAME] by:

☐ Personal service by [name of process server]
☐ Service by the West Virginia Secretary of State (out-of-state owner)
☐ Certified mail, return receipt requested, to: [______________________]
☐ Such other method authorized for service of legal notice/summons: [______________]

This service is made within 100 days of the last day work was performed or supplies furnished, as required by W. Va. Code §§ 38-2-8 through 38-2-13.

Signature: __________________________________

Part D — Suit to Enforce Mechanic's Lien

IN THE CIRCUIT COURT OF [_____________] COUNTY, WEST VIRGINIA

Civil Action No.: [_____________]

COMPLAINT TO ENFORCE MECHANIC'S LIEN

COMES NOW Plaintiff [CLAIMANT NAME], by and through undersigned counsel, and for its Complaint alleges:

JURISDICTION AND VENUE

1. This is an action to enforce a mechanic's lien recorded under W. Va. Code § 38-2-1 et seq. against real property located in [_____________] County, West Virginia.

2. Venue is proper because the real property is situated in this county.

PARTIES

3. Plaintiff is [a/an _______________] with its principal place of business at [______________________________________].

4. Defendant [OWNER NAME] is the owner of record of the subject property.

5. Defendant [GENERAL CONTRACTOR NAME] is the general contractor on the project and is joined as a necessary party.

6. Defendant [LENDER] holds a recorded deed of trust against the property and is joined as a necessary party.

FACTUAL ALLEGATIONS

7. On or about [__/__/____], Plaintiff entered into a contract with [HIRING PARTY] to furnish [labor / services / materials] for improvements to the real property described below.

8. Property:
   Legal description: [__________________________________________________]
   Common address: [______________________________________]

9. Plaintiff first furnished labor / materials on [__/__/____] and last furnished labor / materials on [__/__/____].

10. The agreed price (or reasonable value) of Plaintiff's work and materials is $[__________]. After all just credits and offsets, the unpaid balance is $[__________].

11. On [__/__/____], within 100 days of completion / last furnishing, Plaintiff recorded a verified Notice of Mechanic's Lien with the Clerk of the County Commission of [_____________] County, West Virginia, Lien Book [____] at Page [____], in compliance with W. Va. Code § 38-2-7.

12. On [__/__/____], within the same 100-day period, Plaintiff served the Notice of Mechanic's Lien upon Defendant [OWNER NAME] in compliance with W. Va. Code §§ 38-2-8 through 38-2-13.

13. This action is commenced within 6 months of recording as required by W. Va. Code § 38-2-34.

CLAIM FOR RELIEF — ENFORCEMENT AND FORECLOSURE OF MECHANIC'S LIEN

14. Plaintiff incorporates the foregoing.

15. Plaintiff is entitled under W. Va. Code § 38-2-34 to enforce its mechanic's lien by judicial sale of the subject property to satisfy the lien.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays:

A. For judgment establishing the validity, amount ($[__________]), and priority of Plaintiff's mechanic's lien;
B. For a decree ordering judicial sale of the subject property in satisfaction of the lien;
C. For determination of the rights, claims, and priorities of all Defendants in the property;
D. For interest, costs of suit, and such other relief as the Court deems just and proper.

Dated: [__/__/____]

Respectfully submitted,

__________________________________
[ATTORNEY NAME], WV State Bar No. [______]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff

Part E — Pre-Filing Checklist

Lien rights

☐ Claimant within § 38-2-1 to § 38-2-6a (contractor, sub, materialman, mechanic/laborer, design professional).
☐ Claimant is within the first three project tiers (more remote tiers excluded).
☐ Project is private (mechanics liens not available on public works — bond claim).

Property description

☐ Definite, adequate, ascertainable legal description (not merely a street address).
☐ Tax map / parcel and deed-book reference included where available.

Notice of Mechanic's Lien — content

☐ Statutory model form for claimant's tier used (§ 38-2-8 through § 38-2-13).
☐ Claimant name and address.
☐ Owner name and address.
☐ Hiring party identified (for subs / materialmen / mechanics).
☐ Description of improvement and labor/materials furnished.
☐ Date first and last furnished.
☐ Contract price and amount of just claim after credits/offsets.
☐ Verification by oath before notary.

Recording and service (BOTH within 100 days)

☐ Recorded with Clerk of County Commission in county where property is located.
☐ Served on owner within same 100-day period by a method authorized for legal notice/summons (WV Rule 4).
☐ Certificate of Service retained.

Suit to enforce

☐ Foreclosure deadline calendared: 6 months from recording (NOT extendable; missing it discharges the lien).
☐ Complaint filed in circuit court of county where property is located.
☐ Owner, GC, lender, all other lienholders joined.
☐ Lis pendens recorded.

Owner counter-options

☐ Considered owner's ability to bond off the lien under § 38-2-36 (cash deposit equal to lien plus likely interest).
☐ Confirmed owner did not record contract + payment bond before construction to limit liability under § 38-2-39 (which would cap recovery).

Sources and References

• W. Va. Code Chapter 38, Article 2 (Mechanic's Liens): https://code.wvlegislature.gov/38-2/
• W. Va. Code § 38-2-7 (Period for perfecting lien): https://code.wvlegislature.gov/38-2-7/
• W. Va. Code §§ 38-2-8 to 38-2-13 (Notice and recordation): https://code.wvlegislature.gov/email/38-2/
• W. Va. Code § 38-2-34 (Time for bringing suit): https://code.wvlegislature.gov/38-2-34/
• W. Va. Code § 38-2-36 (Release by bond / cash deposit): https://code.wvlegislature.gov/38-2-36/
• Hanover Resources, LLC v. LML Properties, LLC (W. Va. Supreme Court) — sublessee / mineral mining context
• ALFA International — West Virginia Construction Lien Summary: https://www.alfainternational.com/compendium/construction/west-virginia/
• Daniels Law Firm — Overview of West Virginia Mechanic's Lien Law: https://danielslawfirm.com/overview-of-mechanics-lien-law/
• Levelset — West Virginia Mechanics Lien Guide: https://www.levelset.com/mechanics-lien/west-virginia-lien-law-faqs/