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Can I use Level Set to place a lien involving Utilites

West VirginiaMechanics LienRight to Lien

We have a job that is clearing and developing access roads for high voltage lines and we need to file a lien due to none payment from the contractor. Is this something that Level Set can do for us. The job spans over 2 different counties and there is no physical street address.

2 replies

Sep 28, 2020

Generally speaking, for jobs that span multiple properties with multiple owners, a separate mechanics lien would be needed for each property. That's why mechanics liens typically aren't the greatest solution for work that spans multiple properties owned by different owners - like utility work. This is especially true when the project goes so far as to span multiple counties.

To be sure, § 38-2-29 of West Virginia's lien statute does state that one single lien can be filed against a project multiple properties. However, that section seems only to apply to a single project spanning multiple properties where those properties are owned by a single owner. It's likely possible to file a lien against each property where work was done. Though, the logistics and cost of doing that might be prohibative.

Keep in mind that using other recovery tools - like demand letters or a Notice of Intent to Lien - could force payment before lien filings become necessary. And, pursuing recovery that way could help to avoid the question of liens altogether. More on those options, here: (1) Construction Demand Letters – How To Write One That Gets You Paid; and (2) What is A Notice of Intent to Lien And Should I Send One?

As far as Levelset goes - the Community is designed to answer questions regarding construction payment and construction law. And, questions about the Levelset platform and its capabilities are best directed at the Levelset Support team or your account manager. You can contact Support here: Contact Us.

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Sep 28, 2020

That answer didn't quite sit well with me - and, after doing a little more research, it appears that I was mistaken. In West Virginia, when one project spans multiple separate properties (like a pipeline, etc.), one mechanics lien may well be sufficient.

In 2016, the Supreme Court of Appeals of West Virginia decided a pipeline case - L.A. Pipeline Construction v. Glass Bagging Enterprises. In that case, the court held that one lien for the entire pipeline project was sufficient when the lien identified "numerous pipeline rights-of-way and surface agreements as part of the property description in its mechanic's lien." Still, the court noted, additional information about the locations of the properties being liened would have been useful - so, it might be wise to include as much identifying information as possible.

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