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West Virginia Lien & Bond Claim Deadlines

What is your project type?
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What is your role on the project?
Preliminary Notice
Recommended but not required

Preliminary Notice

Although it is not a legal requirement to send a Preliminary Notice, it is best practice to do so as a general contractor. Sending this notice advises all parties that you are working on the residential project and helps you get paid faster in West Virginia.

Lien
100 days from last furnishing

Notice of Mechanic's Lien

A Notice of Mechanic’s Lien must be sent by the general contractor within 100 days of last furnishing of labor or materials to the West Virginia residential project. Only subcontractors and suppliers not working directly with the owner are required to serve this notice but it is the best business practice for everyone filing a Lien to do so.

Preliminary Notice
Recommended but not required

Preliminary Notice

Though sending a Preliminary Notice it is not strictly required from subcontractors, the best business practice is to send it anyway on the West Virginia job. The Preliminary Notice makes it more likely that you will be paid on time and lets the general contractor know you are serious about getting paid.

Lien
100 days from last furnishing

Notice of Mechanic's Lien

Subcontractors must send a Notice of Mechanic’s Lien within 100 days of last furnishing of labor or materials to the project. Only subcontractors not working directly with the owner are required to serve this notice but it is the best business practice for everyone filing a lien on the West Virginia residential project to do so.

Preliminary Notice
Recommended but not required

Preliminary Notice

Though sending a preliminary notice is not strictly required, the best business practice is to send it anyway as a supplier in West Virginia. The Preliminary Notice makes it more likely that you will be paid on time and lets the general contractor know you are serious about getting paid on the residential job.

Lien
100 days from last furnishing

Notice of Mechanic's Lien

A Notice of Mechanic’s Lien must be sent by the suppliers within 100 days of last furnishing of labor or materials to the residential project. Only suppliers not working directly with the owner are required to serve this notice but it is the best business practice for everyone filing a lien to do so in West Virginia.

What is your role on the project?
Preliminary Notice
Recommended but not required

Preliminary Notice

Though sending a Preliminary Notice as a general contractor is not strictly required, the best business practice is to send it anyway in West Virginia. The notice makes it more likely that you will be paid on time and lets the owner know you are serious about getting paid on the commercial project.

Lien
100 days from last furnishing

Notice of Mechanic's Lien

A Notice of Mechanic's Lien must be filed by the general contractor within 100 days from the last furnishing  labor and/or materials to the West Virginia commercial job.

Preliminary Notice
Recommended but not required

Preliminary Notice

Although it is not a legal requirement to send a Preliminary Notice in West Virginia, it is best practice to do so. Sending this notice as a subcontractor advises all parties on the commercial project that you are working on the project and helps you get paid faster.

Lien
100 days from last furnishing

Notice of Mechanic's Lien

A Notice of Mechanic’s Lien must be sent within 100 days of last furnishing of labor or materials to the commercial project in West Virginia. Only subcontractors not working directly with the owner are required to serve this notice but it is the best business practice for everyone filing a lien to do so.

Preliminary Notice
Recommended but not required

Preliminary Notice

Though sending a Preliminary Notice is not strictly required in West Virginia, the best business practice is to send it anyway for commercial jobs. The Preliminary Notice makes it more likely that you as a supplier will be paid on time and lets the owner know you are serious about getting paid.

Lien
100 days from last furnishing

Notice of Mechanic's Lien

A Notice of Mechanic’s Lien must be sent within 100 days of last furnishing of labor or materials to the commercial project. Only suppliers not working directly with the owner are required to serve this notice but it is the best business practice for everyone filing a lien to do so in West Virginia.

What is your role on the project?
Statutory Documents are not required for General Contractors
Preliminary Notice
See Bond

Preliminary Notice

No statutory requirements, see bond for deadlines and rules for public projects.

Claim on Bond
See Bond

Claim on Bond

No statutory requirements, see bond for deadlines and rules for public projects.

Preliminary Notice
60 days from first furnishing

Notice to Contractor

Suppliers need to send the notice within 60 days of first furnishing labor to the state project in West Virginia or material if contracted with the general contractor. If contracted with the subcontractor or sub-subcontractor, then the deadline to send notice is within 10 days of first furnishing labor or material.

Claim on Bond
See Bond

Claim on Bond

No statutory requirements, see bond for deadlines and rules for public projects.

What is your role on the project?

Preliminary Notice

Not applicable, a contractor cannot take action on their own bond.

N/A
Preliminary Notice

Claim on Bond

Not applicable, a contractor cannot take action on their own bond.

N/A
Claim on Bond
Preliminary Notice
Recommended but not required

Preliminary Notice

Although it is not a legal requirement to send a preliminary notice for federal projects, it is best practice for subcontractors to do so. Sending a preliminary notice advises all parties that you are working on the project and helps you get paid faster.

Claim on Bond
90 days from last furnishing

Claim on Bond

Claim on bond must be filed within 90 days of last furnishing of labor or materials.

Claim on Bond
90 days from last furnishing

Miller Act Notice

A Miller Act Notice needs to be sent by subcontractors in 90 days from last furnishing of labor and/or materials to the federal project.

Preliminary Notice
Recommended but not required

Preliminary Notice

Although it is not a legal requirement to send a preliminary notice, it is best practice to do so for federal projects. Sending a preliminary notice advises all parties that you are working on the project and helps you get paid faster.

Claim on Bond
90 days from last furnishing

Claim on Bond

Claim on bond must be filed within 90 days of last furnishing of labor or materials.

Claim on Bond
90 days from last furnishing

Miller Act Notice

A Miller Act Notice is required to be sent by the supplier 90 days from last furnishing of labor and/or materials to the federal project.

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West Virginia Lien Law Articles

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West Virginia Lien and Bond Claim FAQs

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