West Virginia Lien Waivers Guide and FAQs

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West Virginia Lien Waiver Overview

West Virginia Lien Waiver Rules


  • Rules At A Glance
Preliminary notice not required in WV
No Specific Form

West Virginia does not require any specific lien waiver form to be used.


notary not required on lien waiver
Notarization Not Required

West Virginia lien waivers do not need to be notarized in order to be effective.


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Can Waive Rights in Contract

West Virginia has no specific prohibition on waiving future lien rights through contract, and at least some West Virginia courts have acknowledged the possibility of advance lien waivers in contract.


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Can Waive Rights Before Payment

West Virginia law does not specifically prohibit waiving lien rights prior to receipt of payment.

In West Virginia, lien waivers are exchanged on construction projects all the time. Whenever payment exchanges hands you can be sure that lien waivers are also being requested and exchanged.

West Virginia does not provide a specific statutory form or template that must be used in order for a lien waiver to be valid, so construction participants are free to use whatever kind of lien waiver form they want. Since the form lien waivers must take is not regulated in West Virginia, it can be easy for West Virginia lien wavier language to include clauses that overreach, or work to waive more than the singer may intend.

Many states explicitly don’t allow parties to waive lien rights before they begin work on a project. West Virginia, however, does to have a specific prohibition on advance lien waivers. Since West Virginia law is silent on whether or not lien rights may be waived prior to beginning work, it is a best practice to make sure that every contract is examined to make sure that it doesn’t contain a “no-lien” clause that could impair the ability to get paid for the work performed.

West Virginia Lien Waivers FAQs

West Virginia has few specific regulations regarding lien waiver requirements and rules . This can create situations in which it seems like the wild wild west. Some of the most common questions about West Virginia lien waivers are answered below.

West Virginia Lien Waiver FAQs

Does West Virginia require a specific statutory lien waiver form?

No, West Virginia does not provide or require statutory forms for lien waivers.

What are the requirements for an West Virginia lien waiver? What makes a lien waiver binding?

West Virginia law is silent concerning lien waivers. There is no specific statutory provision controlling requirements. It is likely that, in order to be effective, a waiver should be in writing and signed by the waiving party. Other than that, however, it appears that anything goes.

Are Unconditional Lien Waivers Prohibited in West Virginia?

No.

There is no specific prohibition of unconditional lien waivers, and there is no court decision disallowing unconditional waivers, either.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in West Virginia?

No, West Virginia statutory law is silent with respect to advance lien waivers. However, at least some court decisions have noted the possibility of an enforceable advance waiver, so parties in West Virginia may want to exercise caution and fully examine contracts for advance waiver language.

Must West Virginia lien waivers be notarized?

No. West Virginia statute does not require lien waivers to be notarized.

Free West Virginia Lien Waivers Forms & Templates

West Virginia has no specific requirements for what lien waiver forms must be used. This means that it can be easy for requested lien waivers to be confusing or unfair. Using these forms is safe, easy, stress-free, and fair for everyone involved.

The forms provided here for free by Levelset are fair for everybody, don’t contain surprises, and are compliant with West Virginia law. You can download them free, or use our free system to send or request your compliant West Virginia lien waiver form.

Free West Virginia Lien Waiver Forms

These West Virginia lien waiver forms are fair for everybody and don't come with surprises. Make it easy, and use forms from the source you can trust.

West Virginia Partial Unconditional Lien Waiver Form - free from

West Virginia Partial Unconditional Lien Waiver Form

This wv partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

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West Virginia Partial Conditional Lien Waiver Form - free from

West Virginia Partial Conditional Lien Waiver Form

This wv partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

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West Virginia Final Unconditional Lien Waiver Form - free from

West Virginia Final Unconditional Lien Waiver Form

This wv final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made...

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West Virginia Final Conditional Lien Waiver Form - free from

West Virginia Final Conditional Lien Waiver Form

This wv final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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