West Virginia Preliminary Notice Guide and FAQs

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West Virginia Preliminary Notice FAQs

About West Virginia Preliminary Notice

West Virginia Prelim Notice Rules
At a Glance


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  • Public Jobs
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Preliminary notice not required in WV
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.


X
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.


X
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.


X
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 in WV
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.


X
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.


X
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.


X
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.

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

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.

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.

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.

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.

Do I Have to Send the West Virginia Preliminary Notice to Someone Other than the Owner?

Nope!

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

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.

When do I Need to Send a West Virginia Preliminary Notice?

N/A

What if I Send the West Virginia Preliminary Notice Late?

N/A

How Should the West Virginia Preliminary Notice be Sent?

N/A

To Whom Must the West Virginia Preliminary Notice be Given?

N/A

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How to file a lien in West Virginia

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West Virginia Preliminary Notice Form Template

Just because there is not required West Virginia preliminary notice and nothing in West Virginia statutes governing what a notice can or should look like, or the information that is should contain, doesn’t mean that an old notice will do. In order to get the benefit that can be obtained from sending a voluntary “visibility” preliminary notice it must be non-confrontational, and designed to help. The forms provided here for free by Levelset are designed to not be confrontational, to promote visibility, and to provide helpful information to the redesign parties. You can download them for free, or use our system to send or request them easily.

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