West Virginia
PRELIMINARY NOTICE
West Virginia does not require notice prior to performance of work by contractor or materialman furnishing supplies to owner, contractor or subcontractor. W.Va. Code § 38-2-20
CONTENTS OF PRELIMINARY NOTICE
Not applicable.
WHEN COMPLETION OCCURS
Time to record or file a lien begins from the date contract is completed, or when work is performed, services provided, or materials furnished. W.Va. Code §§38-2-7, 8, 9, 10, 11, 12, 13, 14, 32.
TIME LIMIT FOR RECORDING MECHANICS LIEN
Contractors must record the lien in the clerk of the county court where the property is located within 100 days from completion of the contract or last day performing work or supplying materials for the project. W.Va. Code § 38-2-7.
TIME LIMIT FOR ENFORCING MECHANICS LIEN
A lawsuit to enforce a mechanic’s lien must be brought within 6 months of recording the notice of mechanic’s lien with the clerk of the county commission. W.Va. Code § 38-2-34.
FORECLOSURE OR DISMISSAL BY COURT
An owner, contractor or materialman against whom a mechanic’s lien is filed may apply to the court for release of lien by depositing with the court cash equal to the amount of the lien, plus interest accrued on the lien. W.Va. Code § 38-2-36. An Owner may demand an accounting from a subcontractor, laborer, mechanic, or workman filing a mechanic’s lien and failure to provide the accounting “shall release” the Owner from the lien. W. Va. Code § 38-2-19.