How to file a mechanics lien in West Virginia
Unpaid for work or materials on a West Virginia construction project? The general-contractor section has a 100-day period. Use this guide to organize the filing questions, then check the cited law against your role and project.
WV · PRIVATE CONSTRUCTION CLAIMS
The general-contractor section has a 100-day period.
Section 38-2-8 gives the general contractor described in §38-2-1 100 days after completing the contracted work to record the notice.
Notices to check before filing
Subcontractors, suppliers, and other claimants must review the sections applicable to their roles rather than treating §38-2-8 as a universal rule.
Where and how to file in West Virginia
The statute specifies recording in the county court clerk’s office for the property’s county and includes a notice form with a sworn statement.
A filing mistake to avoid
A general-contractor recording rule cannot safely be applied to every lower-tier participant.
Prepare your project records
Keep the direct contract, work-completion evidence, property and improvement descriptions, claimed amount, and role-specific notices.
- Identify who hired you and whether the property is privately owned.
- Confirm your notice obligations and the event that starts each time limit.
- Verify the owner and property description using appropriate records.
- Reconcile invoices, payments, credits, and disputed amounts.
- Keep filing and service receipts, and calendar any enforcement deadline.
After the claim is filed
Filing does not guarantee payment or establish that a disputed claim is valid. Preserve the filed document and delivery evidence. If payment arrives, arrange the required release or satisfaction. If the balance remains unpaid, seek advice about enforcement before its separate deadline expires.
Help with your unpaid construction account
The Credit App offers administrative mechanics lien preparation and a recording attempt for $249. Confirm your state, project, notices, and timing before ordering. The service uses the information you provide; it does not determine legal sufficiency, verify ownership, or represent you in an enforcement action.
Review the lien service · Compare service fees · Ask support about your project
Sources for West Virginia lien requirements
West Virginia Code §38-2-8 (2025 text, Justia)
Sources checked September 23, 2026. This is a general guide to private construction claims, not a calculation of your deadline or legal advice. The cited edition and later amendments must be checked for your project.
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