West Virginia Preliminary Notice FAQs

Preliminary Notice is not required by West Virginia lien law. However, any party may provide the property owner with preliminary notice in an effort to facilitate payment.

If sent, the preliminary notice should be provided prior to the furnishing of labor and/or materials.

This is an optional notice, so there is no consequence for sending the notice late.

There is no specific provision as to how this notice must be sent, but certified mail is sufficient.

Nope!

Notices sent by certified or registered mail are considered delivered when sent.

It depends. West Virginia does not require any preliminary notice to preserve the ability to make a bond claim, however, it is not clear if any notice requirements contained within the language of the bond itself control. It may be best practice, then, to obtain a copy of the bond to determine if there are any notice requirements, and to comply if there are.

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