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Does the contractor have to submit a bill or invoice to the homeowner before placing a lien on the home?

West VirginiaMechanics LienRight to Lien

Contractor is talking about placing a lien on the house he has built for us. We have the U&O and are living in the house. There are things in the home that we want fixed or even completed but he wants to be paid because we are living there. We have not agreed on a final amount owed or have received any invoice for completion.

1 reply

Aug 3, 2020
Generally, a contractor shouldn't file a mechanics lien if the work hasn't even been billed yet. And, if things came down to it, it wouldn't be shocking to hear that a court tossed aside a lien that was filed before the work was even invoiced. However, I'm not aware of anything in West Virginia's mechanics lien statute that prohibits a claimant from filing a mechanics lien before they've sent the bill - even if it's in poor form. This article may be useful: I Just Received a Mechanics Lien Threat – What Should I Do Now? Additionally, when there's additional work to be done, offering to provide a partial progress payment might help to smooth things over. More on that here: Guide to progress payments on construction projects.
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