We have a project in West Virginia, supply a lot of structural. I am concerned about payment.
2 replies
Sep 18, 2019
The state of West Virginia does not require that a preliminary notice (notice to owner) be sent in order to secure mechanics lien rights. However, even if not required, we always recommend sending a preliminary notice anyways. A notice can help increase a contractor's visibility on the project, and help promote faster payment. You can download a free preliminary notice template here.
As far as the mechanics lien time limits, the laws are very straightforward. A West Virginia mechanics lien must be filed with the county clerk of the court where the project is located within 100 days of the claimant's last delivery of materials or completion of the contract. You can also download a free WV Mechanics Lien form here.
Within that same 100 day timeframe, a notice that the lien was recorded must be sent to the property owner as well. Note that the form requirements for this are different from the lien itself. The requirements can be found in W. Va. Code §38-2-8.
Lastly, once the lien is filed, the deadline to enforce (foreclose) the lien claim is within 6 months of filing the lien claim.
For more information, check out our West Virginia Construction Payment Help Hub page.
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Mar 14, 2020
I wanted to follow up and confirm your company has been paid on the West Virginia project subject to your inquiry.
If I can further assist your company with any unpaid invoices, please feel free to call or email. My firm can collect for you even when lien rights have expired or were never pursued.
Mike Ross
Miller, Ross & Goldman
mross@mrgpartners.com
(512)275-6412 Direct
https://www.mrgpartners.com/levelset