Don’t let your team go unpaid for a project. Filing your liens is the best security you have for protecting your pay but finding and understanding your state’s particular set of lien laws can be a bit confusing. We’re here to take away the complexity and confusion and give it to you straight. If you work in West Virginia and need to know the lien laws, this is the site for you. Here, we break down exactly what the state of West Virginia requires for you to properly file a valid construction lien and bond claim.
How to File a Valid lien in West Virginia:
- Place 1* Contractors must file their liens within one hundred (100) days of completion of the contract work.
- Place 2* and below Contractors and Material Suppliers must send notice of unpaid amounts to the Owner and file their lien within one hundred (100) days of last work and/or materials supplied.
- Anyone who performs work for a company incorporated in West Virginia or that company’s Place 1* Contractor can have a lien on all the real estate and personal property the company owns if they file a notice with the County Court within ninety (90) days of last work.
- You must file suit to enforce your lien within six (6) months of it being filed.
How to Have a Valid Bond Claim in West Virginia:
- A bond is required on public projects.
- You need to follow the instructions on the bond to have a valid bond claim.
If you work in West Virginia, you must have a grasp of the lien laws in your state. Your lien and bond rights are there to protect you, and filing your documents properly is the best way to enforce them. If you want someone else to take care of filing your construction lien or bond, and do it the right way, contact an experienced West Virginia lien lawyer who understands construction law. Our sister company, The Cromeens Law Firm, has a 90% success rate of collections before having to foreclose on a lien, saving you costly legal fees. Your business is counting on your collection efforts to survive. Sharpen your strategy and ensure you collect what your company is owed.
*The “places” referenced in the rules above correlate to the Construction Food Chain Chart from Karalynn Cromeens’ book,
Quit Getting Stiffed. The chart can be found here to use when following these lien and bond rules.