Mechanics Lien Deadlines in West Virginia
In West Virginia, a general contractor must record a notice of mechanics lien within 100 days after completing the contract (subcontractors within 100 days after completing the subcontract), and suit to enforce the lien must be filed within 6 months after the notice is recorded.
Last checked . General information, not legal advice.
West Virginia at a glance
- Deadline to record lien
- 100 days
- General contractors count from completion of their work; subcontractors also serve a notice of lien on the owner within 100 days after completing the subcontract.
- Deadline to enforce lien
- 6 months after recording the notice
- An action filed by one lienor preserves the liens of others on the same property, who may intervene.
The rules in West Virginia
How long does a contractor have to file a mechanics lien in West Virginia?
Deadline to record lien in West Virginia: 100 days. General contractors count from completion of their work; subcontractors also serve a notice of lien on the owner within 100 days after completing the subcontract.
How long do you have to foreclose a mechanics lien in West Virginia?
Deadline to enforce lien in West Virginia: 6 months after recording the notice. An action filed by one lienor preserves the liens of others on the same property, who may intervene.
Where do the West Virginia mechanics lien deadlines come from?
The rules above come from W. Va. Code 38-2-7, W. Va. Code 38-2-8, W. Va. Code 38-2-9 and W. Va. Code 38-2-34. Each source is linked on this page. We last checked them in October 2026.
What this means in practice
Deadlines often differ by role. The period for a general contractor who dealt directly with the owner can be different from the period for a subcontractor or supplier, and residential projects can have their own rules. Check which category fits before relying on a single number.
The event that starts the clock matters as much as the length of the period. Depending on the statute, it can be the last day labor or materials were furnished, completion of the project, or the recording of a notice of completion or commencement by the owner. Keeping dated records of the last work performed helps establish the start date.
Recording a lien is not the end of the process. If the debt is not paid, the claimant generally has to file a lawsuit to foreclose the lien within the enforcement period, or the lien expires. When the debt is paid, the owner will usually want a signed lien release recorded so the title is clear.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
More West Virginia rules
- Adverse Possession Laws in West Virginia
- Transfer on Death Deed Laws in West Virginia
- Tenant Abandoned Property Laws in West Virginia
- Age of Majority and Emancipation in West Virginia
- Child Custody Preference Age in West Virginia
- When Child Support Ends in West Virginia
- Common Law Marriage in West Virginia
- Corporation Filing Fees in West Virginia
- Security Deposit Laws in West Virginia
- Eviction Notice Requirements in West Virginia
- Will Requirements in West Virginia
- All West Virginia documents and rules