West Virginia Prelim Notice Rules
At a Glance
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Preliminary Notices Are Not Required
Preliminary Notice is not required by WV lien law. However, any party may provide the property owner with preliminary notice in an effort to facilitate payment.
Preliminary Notice not required
Generally none. However, sending preliminary notice even when not required is generally beneficial to promote visibility, open channels for communication, and streamline payment.
Preliminary Notice not required
Generally none. However, sending preliminary notice even when not required is generally beneficial to promote visibility, open channels for communication, and streamline payment.
Preliminary Notice not required
Generally none. However, sending preliminary notice even when not required is generally beneficial to promote visibility, open channels for communication, and streamline payment.
Preliminary Notice Not Required
West Virginia does not require preliminary notice to be delivered by any project participant in order to retain the right to make a claim against the payment bond secured for a public project. However, sending preliminary notice even when not required is generally beneficial to promote visibility, open channels for communication, and streamline payment.
N/A
On public jobs, any claims for non-payment are made against the general contractor's bond. Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.
Notice Not Required from Subs
West Virginia does not require preliminary notice to be delivered by any project participant in order to retain the right to make a claim against the payment bond secured for a public project. However, sending preliminary notice even when not required is generally beneficial to promote visibility, open channels for communication, and streamline payment.
Notice Not Required from Suppliers
West Virginia does not require preliminary notice to be delivered by any project participant in order to retain the right to make a claim against the payment bond secured for a public project. However, sending preliminary notice even when not required is generally beneficial to promote visibility, open channels for communication, and streamline payment.
West Virginia is another of the very rare states that has no preliminary notice requirements for any party on any project.
While there may be no specific requirements to provide a preliminary notice in West Virginia, that doesn’t mean that providing prelianry notice is a bad idea. In fact, providing preliminary notice, even when not required, is usually the smart thing to do. Providing a voluntary preliminary notice document, provided it’s drafted and formulated correctly, can be beneficial by promoting project visibility, providing helpful information, opening channels for communication, and streamlining payment.
The above are just some of the many reasons to provide voluntary preliminary notices, or as we like to call them at Levelset, “visibility documents” but, in fact, there are many more reasons, as well.
