Private projects
General contractors are not required to send notice on private projects.
However, preliminary notices increase communication on the job, and they can speed up the payment process after the project ends.
West Virginia Preliminary Notice FAQs
Last updated November 3, 2020
Sending a West Virginia preliminary notice is an effective way to speed up payment on a construction project. A preliminary notice is an informational document typically sent to the property owner near the beginning of a construction project. Here's what you need to know about the rules and requirements for sending preliminary notice in West Virginia.
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West Virginia preliminary notice requirements for:
Public projects
General contractors are not required to send notice on public projects.
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.
Private projects
Subcontractors and suppliers are not required to send preliminary notice on private projects.
However, sending a preliminary notice no matter what improves communication and contributes to a speedier payment process.
Public projects
Subcontractors and suppliers are not required to send preliminary notice on public projects.
However, sending a preliminary notice no matter what improves communication and contributes to a speedier payment process.
Preliminary Notice Frequently Asked Questions
If you're sending preliminary notices in West Virginia, it's important to understand the the lay of the land in order to get the most benefit possible from sending your notice. These are some frequently asked questions (and answers) about the notice process in West Virginia.
Prelim FAQs on Private Projects
https://www.levelset.com/preliminary-notice/west-virginia-preliminary-notice-faqs/#faq-item-do-i-need-to-send-a-west-virginia-notice
Do I Need to Send a West Virginia Notice?
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.
https://www.levelset.com/preliminary-notice/west-virginia-preliminary-notice-faqs/#faq-item-when-do-i-need-to-send-a-west-virginia-preliminary-notice
When do I Need to Send a West Virginia Preliminary Notice?
If sent, the preliminary notice should be provided prior to the furnishing of labor and/or materials.
https://www.levelset.com/preliminary-notice/west-virginia-preliminary-notice-faqs/#faq-item-what-if-i-send-the-west-virginia-preliminary-notice-late
What if I Send the West Virginia Preliminary Notice Late?
This is an optional notice, so there is no consequence for sending the notice late.
https://www.levelset.com/preliminary-notice/west-virginia-preliminary-notice-faqs/#faq-item-how-should-the-west-virginia-preliminary-notice-be-sent
How Should the West Virginia Preliminary Notice be Sent?
There is no specific provision as to how this notice must be sent, but certified mail is sufficient.
https://www.levelset.com/preliminary-notice/west-virginia-preliminary-notice-faqs/#faq-item-do-i-have-to-send-the-west-virginia-preliminary-notice-to-someone-other-than-the-owner
Do I Have to Send the West Virginia Preliminary Notice to Someone Other than the Owner?
Nope!
https://www.levelset.com/preliminary-notice/west-virginia-preliminary-notice-faqs/#faq-item-is-the-wisconsin-preliminary-notice-requirement-met-when-sent-or-delivered
Is the Wisconsin Preliminary Notice Requirement met when sent or delivered?
Notices sent by certified or registered mail are considered delivered when sent.
Prelim FAQs on Public Projects
https://www.levelset.com/preliminary-notice/west-virginia-preliminary-notice-faqs/#faq-item-do-i-need-to-send-a-west-virginia-preliminary-notice
Do I Need to Send a West Virginia Preliminary Notice?
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.
https://www.levelset.com/preliminary-notice/west-virginia-preliminary-notice-faqs/#faq-item-when-do-i-need-to-send-a-west-virginia-preliminary-notice
When do I Need to Send a West Virginia Preliminary Notice?
N/A
https://www.levelset.com/preliminary-notice/west-virginia-preliminary-notice-faqs/#faq-item-what-if-i-send-the-west-virginia-preliminary-notice-late
What if I Send the West Virginia Preliminary Notice Late?
N/A
https://www.levelset.com/preliminary-notice/west-virginia-preliminary-notice-faqs/#faq-item-how-should-the-west-virginia-preliminary-notice-be-sent
How Should the West Virginia Preliminary Notice be Sent?
N/A
https://www.levelset.com/preliminary-notice/west-virginia-preliminary-notice-faqs/#faq-item-to-whom-must-the-west-virginia-preliminary-notice-be-given
To Whom Must the West Virginia Preliminary Notice be Given?
N/A
People are asking West Virginia construction attorneys:
https://www.levelset.com/payment-help/question//
Will the "Notice to Owner" that is included in our estimate and contract protect our Lien rights?
If you are in direct contract with the owner on a private construction project, you do not need to do a Preliminary Notice. Within 90 days from the date you recorded your mechanics lien, you need to file a lawsuit to enforce the lien, or the lien is considered void. I suggest you contact an attorney who is knowledgeable concerning construction claims to assist you.
Answered by David Ginn | Attorney
https://www.levelset.com/payment-help/question//
Calif Preliminary 20-Day Notice Question
The description of the scope of work is not intended to be extensive. There is nothing wrong with providing an attachment, but if you can describe the scope generally, that is usually considered acceptable. I suggest you contact an attorney familiar with mechanic's liens to assist you.
Answered by David Ginn | Attorney
https://www.levelset.com/payment-help/question//
Filing 20 Day PLN
I suggest you be a little more descriptive in your question. When you refer to your "AIA," I assume you mean that you have an AIA form contract directly with the tenant. When you refer to "PLN," I assume you are referring to a Preliminary Lien Notice. Assuming these assumptions are correct, you should serve your Preliminary Lien Notice on the Tenant, the Property Owner and the Lender.
Answered by David Ginn | Attorney
Ask a construction lawyer about a West Virginia Preliminary Notice
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About West Virginia Preliminary Notices
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.
Send a preliminary notice in West Virginia (DIY)
1
Download a free notice form
First, download the free generic preliminary notice form. The generic form is valid in West Virginia, and all other states that don’t require a preliminary notice. The form provides the GC, owner, and other parties in charge of payment with useful information about your company.
2
Fill out the form
Be careful! Accuracy is important.
Make sure all the information you include in your preliminary notice form is correct and accurate. That’s because paying parties often rely on the form to communicate with you, and mistakes when preparing your form could lead to payment difficulties down the line.
3
Deliver your preliminary notice
Since West Virginia doesn’t require preliminary notices, there are no requirements for delivery. Send your preliminary notice however you see fit.
How to send a Preliminary Notice with Levelset
1
Select Preliminary Notice document.
2
Provide basic job information.
Levelset sends the document for you. Postage included!
Subcontractors and suppliers have protected over $1,000,000,000 from non-payments. It’s fast, easy, affordable, and done right!
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