Pre-lien Notice / Notice to Owner - West Virginia
WEST VIRGINIA OPTIONAL PRE-WORK NOTICE
W. Va. Code § 38-2-20
This notice is optional and must be given before the claimant does work or furnishes material or machinery. It is not the claimant-specific notice of lien and does not replace recordation under W. Va. Code §§ 38-2-8 through 38-2-13.
1. Applicability
Use only if the claimant is a laborer or other person employed by someone who contracted with the owner to perform work or furnish materials or machinery for a covered building, structure, or appurtenant improvement.
Claimant: [________________________________]
Person employing claimant: [________________________________]
Owner: [________________________________]
Property/improvement: [________________________________]
Work, materials, or machinery: [________________________________]
First work or furnishing date: [__/__/____]
☐ Notice will be delivered before any work or furnishing begins.
2. Optional Preliminary Notice
Date: [__/__/____]
To: [OWNER NAME AND ADDRESS]
From: [CLAIMANT NAME AND ADDRESS]
Re: [PROPERTY AND IMPROVEMENT]
[CLAIMANT] has been employed by [EMPLOYING PERSON], who contracted with you concerning the above property, to [DESCRIBE WORK OR FURNISHING].
If [CLAIMANT] is not paid by [EMPLOYING PERSON] for that work, material, or machinery, [CLAIMANT] will look to you for payment as provided in W. Va. Code § 38-2-20.
Claimant signature: ____________________________________
Printed name/title: [________________________________]
3. Delivery Record
Section 38-2-20 requires written notice to the owner before work or furnishing begins but does not prescribe the summons-service methods used by §§ 38-2-9, 38-2-11, and 38-2-13. Preserve reliable proof of delivery.
| Item | Information |
|---|---|
| Delivery method | [________________________________] |
| Date delivered | [__/__/____] |
| Recipient | [________________________________] |
| Receipt or proof | [________________________________] |
4. Effect and Limits
After a compliant pre-work notice, the claimant ordinarily need not file the account and notice with the owner within 60 days after the last work or furnishing unless the owner requires that filing in writing within that 60-day period.
☐ Owner made no written demand within 60 days after last work or furnishing.
☐ Owner made a written demand on [__/__/____]; response deadline: [__/__/____].
The optional notice does not excuse the separate 100-day recordation deadline or any owner-service requirement applicable to the claimant:
| Claimant track | Perfection event and section |
|---|---|
| General contractor | Record within 100 days after completion of contract work — § 38-2-8 |
| Subcontractor | Serve owner and record within 100 days after completion of subcontract — § 38-2-9 |
| Material/equipment furnisher contracting with owner | Record within 100 days after ceasing to furnish — § 38-2-10 |
| Material/equipment furnisher to contractor or subcontractor | Serve owner and record within 100 days after ceasing to furnish — § 38-2-11 |
| Mechanic or laborer working for owner | Record within 100 days after ceasing work — § 38-2-12 |
| Mechanic or laborer working for contractor or subcontractor | Serve owner and record within 100 days after ceasing work — § 38-2-13 |
An enforcement action must begin in circuit court within six months after the lien notice is filed, or the lien is discharged. W. Va. Code § 38-2-34(a).
Sources and References
About this template
- Last updated
- July 15, 2026
- Citations checked
- July 15, 2026
- Jurisdiction
- West Virginia
- Category
- Real Estate
Legal authority
- W. Va. Code § 38-2-20 (optional preliminary notice to owner; effect)
- W. Va. Code §§ 38-2-8 through 38-2-13 (claimant-specific notice and recordation)
- W. Va. Code § 38-2-34 (six-month enforcement period)
Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on July 15, 2026.
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